All Creatures Gift Shop
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Shop Sub Rosa has no responsibility or liability for the content of any Material posted by Users. We may monitor your communications on our web site(s) but we cannot monitor all of the Material on Shop Sub Rosa, we do not attempt to do so, and we assume no responsibility for actively monitoring for inappropriate Material. Shop Sub Rosa does not endorse, approve, or prescreen any Material that you or other Users post at Shop Sub Rosa. Shop Sub Rosa reserves the right in its sole discretion to either edit or delete any documents, information or other Material submitted to us or appearing on this site(s) that is objectionable to us for any reason. This determination is at our sole discretion, and is final. Shop Sub Rosa does not assume any liability for any failure to remove, or any delay in removing, Material. You agree that Shop Sub Rosa accepts no liability whatsoever if it prevents your Material from being submitted or if it edits, restricts or removes your Material. You agree to permit any other User of this site(s) to access, view, store or reproduce the Material for that other User’s personal use.
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(1) Users may only use this site(s) and its contents for lawful purposes and in accordance with applicable law; Users are prohibited from storing, distributing or transmitting any unlawful Material through this site; any Material you send to us or post at our site(s) will not be treated as confidential.
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(13) Users may not mess with our site(s) in any way including but not limited to;
a) posting, emailing, or providing/linking to programs which contain viruses, worms, Trojan horses, time bombs, cancelbots, easter eggs, corrupted files, or any other similar software or programs that may detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; damage the operation of another’s computer or the property of another; or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of our site(s), servers, or any computer software or hardware or telecommunications connecting to our site(s); take any action that imposes an unreasonable or disproportionately large load on site(s) infrastructure; or create liability for Shop Sub Rosa, its parent, subsidiary and affiliated companies as well as their respective employees, agents and/or assignees, partners or third-party service providers; or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
b) disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities on the site(s);
c) sending, creating or repling to so called “‘mailbombs”‘ (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “‘spamming”‘ (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this site(s) by any other person;
d) coping any pages or images on these site(s) except within the fair use laws granted above with appropriate authority.
e) Users may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this site(s);
f) Users are prohibited from removing any sponsorship banners or other Material from our site(s);
g) Users may not use any services or facilities provided in connection with this site(s) to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Shop Sub Rosa reserves the right to release your details to system administrators at other sites on the Web in order to assist them in resolving security incidents and to the proper governmental Authorities.
(15) Users understand and agree that all Materials publicly posted (other than by Shop Sub Rosa) or privately transmitted on or through this site(s) are the sole responsibility of the sender, not of Shop Sub Rosa, and that you are legally responsible for all Material you upload, post or otherwise transmit to or through this site(s).
SUSPENSION AND/OR TERMINATION
WARRANTIES, DISCLAIMER OF LIABILITY, AND INDEMNIFICATION
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON OUR WEB SITE(S), BLOGS, COMMENTS AT BULLETIN BOARDS, OR WITHIN OUR BLOGGING COMMUNITY, OR CHAT ROOMS INCLUDING SIG FILES WITH ART OR GRAPHICS ARE NOT NECESSARILY THOSE OF SHOP SUB ROSA OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. YOU UNDERSTAND THAT BY USING THE SITE(S), YOU MAY BE EXPOSED TO MATERIAL THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. SHOP SUB ROSA IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR MATERIAL FOUND IN CONNECTION WITH THIS SITE(S), INCLUDING SUCH CONDUCT OR MATERIAL TRANSMITTED BY ANY MEANS BY ANY OTHER PERSON. EXCEPT AS REQUIRED BY LAW, SHOP SUB ROSA IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND HAS MADE NO EFFORT TO VERIFY THE ACCURACY OF ANY STATEMENT ON THIS WEB SITE(S) AND THE STATEMENTS PUBLISHED ON THIS WEB SITE(S), INCLUDING THOSE OF SHOP SUB ROSA’S EMPLOYEES OR EX-EMPLOYEES, ARE NOT NECESSARILY ENDORSED OR APPROVED BY SHOP SUB ROSA INVESTORS SHOULD NOT RELY ON ANY STATEMENTS ON THIS SITE(S) WHEN MAKING INVESTMENT DECISIONS. SHOP SUB ROSA DOES NOT MONITOR OR REVIEW BLOGS AND/OR COMMENTS ANYWHERE WITHIN OUR SITE(S), AND SHOP SUB ROSA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE CONTENT OF THESE POSTINGS.
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Without limiting the foregoing, everything on the site(s) is provided to you “‘AS IS”‘ and, to the fullest extent permitted by law, are WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. This means, without limitation, that Shop Sub Rosa DOES NOT WARRANT that the site(s) is fit for any particular purpose. Your sole remedy for dissatisfaction with or damage sustained from the site(s) is to stop using the Shop Sub Rosa web site(s). Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
THIRD PARTY PRODUCTS, SERVICES AND WEB SITES
Third parties may develop or provide games, videos, tools, photographs, software applications or components, materials, data, content or other products or services for use with our products or services, some of which may be accessible on or via the Shop Sub Rosa site(s). Shop Sub Rosa makes no representation or warranty with respect to the quality, reliability or non-infringement of any third party product, service or material accessible on or via this site(s). Your rights with respect to third party products, services or data is subject to the terms and conditions of separate agreements between you and the third parties providing them.
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Shop Sub Rosa has not reviewed all of the sites linked to its site(s) and is not responsible for the content of any linked sites or any link contained in a linked site or any changes or updates to such sites (collectively, “Linked Sites”). Shop Sub Rosa does not imply agreement with, or endorse, or make any representations regarding any Linked Sites. Your linking to any Linked Sites is at your own risk. Shop Sub Rosa is under no obligation to monitor such sites and assumes no responsibility or liability arising from the content of any such locations nor for any error, infringement, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site(s).
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This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. Shop Sub Rosa cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Shop Sub Rosa since other stores are owned and operated by independent retailers. Shop Sub Rosa does not endorse any of the merchandise, nor has Shop Sub Rosa taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Shop Sub Rosa does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. These other sites may send their own cookies to users, collect data, solicit personal information, or they might contain information that you find inappropriate or offensive. In addition, advertisers on Shop Sub Rosa site(s) may send cookies to users that we do not control. We reserve the right to disable links from third-party sites to any Shop Sub Rosa site(s).
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Pursuant to the U.S. Digital Millennium Copyright Act (“‘DMCA”‘), 17 United States Code, Section §512(c)(3), notifications of claimed copyright infringement by us should be sent to our VP of Business Affairs via email: legal(at sign)Shop Sub Rosa. If Shop Sub Rosa has inadvertantly used Material whose copyright is held by someone else, or if you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper User posting or User distribution via this site(s), we will remove it upon written notice. To be effective, the notification must include a legend or subject line that says: “‘DMCA Copyright Infringement Notice”‘; the physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification and description of the copyrighted work claimed to have been infringed and that is to be removed; information reasonably sufficient to permit the service provider to locate the Material, for example, the URL of the page and a description of where the Material that you claim is infringing is located on that page; information reasonably sufficient to permit our VP of Business Affairs to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; and a statement that the complaining party has 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; and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Shop Sub Rosa may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Shop Sub Rosa may elect to remove allegedly infringing Material that comes to its attention via notices that do not comply with the DMCA.
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