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| Acceptance of Contract Terms |
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| The following are terms of a legal agreement between you and MyChildClothing ("MCC"), the entity who operates and maintains this site ("Site").
By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties.
MCC makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. |
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| User Service Agreemens |
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| MCC User Service Agreement and the policies referenced therein and published
on the Site govern the terms and conditions of use of MCC services (the "Services").
In order to participate in MCC Services, you must register with MCC and agree
to the terms of the User Agreement. To the extent these Site Terms of Use are
inconsistent with the User Service Agreement, the User Service Agreement shall
govern. |
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| Copyright Notice and Use Restrictions |
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Except as stated herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by
any means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of MCC or the
copyright owner. Permission is granted to display, copy, distribute and download
the materials on this Site for personal, non-commercial use only; provided you
do not modify the materials and that you retain all copyright and other proprietary
notices contained in the materials. This permission terminates automatically
if you breach any of these terms or conditions. Upon termination, you must immediately
destroy any downloaded and printed materials. You are strictly prohibited
· Use the Site and Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
· Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
· Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
· Use any material or information, including images or photographs, which is made available through the MCC Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
· Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
· Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying the Communication Services.
· Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
· Harvest or otherwise collect information about others, including e-mail addresses.
· Violate any applicable laws or regulations.
· Create a false identity for the purpose of misleading others.
· Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an MCC Site/Service(s) or other user or usage information or any portion thereof.
· "Mirror" any material contained on this Site.
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| U.S. Government Restricted Rights |
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| The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of MCC's proprietary rights in them. |
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| Licenses and Site Access |
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MCC grants you a limited license to make personal use only of the Site and the Services. Such grant does not include, without limitation:
(a) any resale or commercial use of the Site or Services,
(b) the collection and use of any e-mail or user information, ratings or listings;
(c) making derivative uses of the Site and its contents; or
(d) use of any data mining, robots, or similar data gathering and extraction methods.
You are granted a limited, non-exclusive right to create a hyperlink to this
Site provided such link does not portray MCC or any of their products and services
in a false, misleading, derogatory or otherwise defamatory manner. You may not
use, frame or utilize framing techniques to enclose any MCC trademark, logo
or other proprietary information, including the images found at this Site, the
content of any text or the layout/design of any page or form contained on a
page without MCC’s express written consent. Further, you may not use any
meta tags or any other "hidden text" utilizing a MCC name, trademark,
or product name without MCC’s express written consent. Except as noted
above, you are not conveyed any right or license by implication, estoppel, or
otherwise in or under any patent, trademark, copyright, or proprietary right
of MCC or any third party.
MCC makes no claim or representation regarding, and accepts no responsibility
for, the quality, content, nature or reliability of Web sites accessible by
hyperlink from this Site, or Web sites linking to this Web site. The linked
sites are not under the control of MCC and as MCC are not responsible for the
contents of any linked site or any link contained in a linked site, or any review,
changes or updates to such sites. MCC is providing these links to you only as
a convenience, and the inclusion of any link does not imply affiliation, endorsement,
or adoption by MCC of the site or any information contained therein. |
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| Submissions |
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| You agree that any materials, including but not limited to questions, comments,
suggestions, ideas, plans, notes, drawings, original or creative materials or
other information, provided by you in the form of e-mail or submissions to MCC,
or postings on this Web site, are non-confidential and shall become the property
of MCC. MCC shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use of these materials for
any purpose, commercial or otherwise, without acknowledgment or compensation
to you. The submission of any materials to MCC, including the posting of materials
to any forum or interactive area, irrevocably waives any and all "moral
rights" in such materials, including the rights of paternity and integrity.
Notwithstanding the foregoing, all personal data provided to MCC will be handled
in accordance with the Privacy Policy. As described more fully below, you are
prohibited from posting or transmitting to or from this Site any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane
material, or any other material that could give rise to any civil or criminal
liability under the law. |
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| Enforcement |
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| MCC has the right, but not the obligation, to monitor any activity, message,
data, information, text or other material ("Content") associated with
the Site. MCC may investigate any reported violation of its policies or complaints
and take any appropriate action that it deems appropriate. Such action may include,
but is not limited to, issuing warnings, suspension or termination of service,
restricting access to and/or removal of posted Content. MCC reserves the right
and has absolute discretion, to remove, screen, deny access or edit any Content
that violates these provisions or is otherwise objectionable. MCC also reserves
the right to report any activity that it suspects violates any law or regulation
to appropriate law enforcement officials, regulators, or other third parties.
In order to cooperate with governmental requests, to protect MCC systems and
customers, or to ensure the integrity and operation of MCC business and systems,
MCC may access and disclose any information it considers necessary or appropriate.
DFS' right to disclose any such information shall govern over any terms of Privacy
Policy. |
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| Cancellation of Orders |
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| All orders that have been processed (Charged) CANNOT
be cancelled under any circumstances. Most of our orders are processed within 24-48 hours.
If you need to cancel or modify your order for any reason, please contact us as soon as possible. |
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| Price Changes |
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| MyChildClothing.com reserve the right to change any price at anytime.
All pricing errors are subject to correction. We reserve the right to refuse any order. |
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| Typographical Errors |
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| MyChildClothing.com is not responsible for typographical errors,
price differences, or coupon codes validity posted by forums, or any 3rd party affiliates. |
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| Your Indentification |
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| You agree to indemnify and hold harmless MCC from any claim, action,
demand, loss, or damages (including attorneys' fees) made or incurred by any
Third-Party arising out of or relating to your conduct, your violation of these
terms and conditions, or your violation of any rights of a Third-Party. |
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| Third-Party Content & Services |
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| MCC may provide links to Web pages and content of third parties ("Third
Party Content") as a service to those interested in this information. MCC
does not monitor nor has any control over any Third-Party Content or third party
Web sites. MCC does not endorse or adopt any Third-Party Content and can make
no guarantee as to its accuracy or completeness. MCC does not represent or warrant
the accuracy of any information contained therein, and undertakes no responsibility
to update or review any Third-Party Content. When leaving the Site, you should
be aware that MCC terms and policies no longer govern, and, therefore, you should
review the applicable terms and policies, including privacy and data gathering
practices, of that site. You use these links and Third-Party Content contained
therein at your own risk. |
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| Term of Use Revisions |
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| MCC may at any time revise these Terms of Use by updating this posting. By using
this Site, you agree to be bound by any such revisions and should therefore
periodically visit this page to determine the then current Terms of Use to which
you are bound. |
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| Disclaimer Warranty |
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| THE SITE AND SERVICES ARE OFFERED BY DFS, ITS AGENTS OR SERVICE PROVIDERS INVOLVED
IN CREATING, PRODUCING, AND DELIVERING THE SITE AND SERVICES (COLLECTIVELY,
" MCC PROVIDERS") "AS IS" WITHOUT ANY WARRANTY OR CONDITION
(EXPRESS OR IMPLIED). MCC AND DFS' PROVIDERS DO NOT WARRANT THE SERVICE DESCRIBED
HEREIN AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE
DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. DFS AND DFS' PROVIDERS DO
NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE,
RELIABLE, CURRENT, OR ERROR-FREE. DFS AND DFS' PROVIDERS DO NOT REPRESENT OR
WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, DFS DOES NOT MAKE
AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY REPRESENTATIONS OR WARRANTIES,
ARISING BY LAW OR OTHERWISE, REGARDING THE SITE AND SERVICES PROVIDED HEREUNDER,
OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING
FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. |
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| Limitation of Liability |
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| IN NO EVENT SHALL MCC AND MCC PROVIDERS (AS DEFINED ABOVE) BE LIABLE WHETHER
IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR
IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OR INABILITY TO USE THE SITE, THE SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE SITE OR SERVICES, EVEN IF MCC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING
PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. |
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| Termination |
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| Notwithstanding any of these terms and conditions, MCC reserves the right, without
notice and in its sole discretion, to terminate your license to use this Web
site, and to block or prevent future access to and use of this Web site. |
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