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Home -> Terms of Use |
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Terms and Conditions of Use
Customer Service: Help Center Home Page / About Tampoo.com
1. Acceptance of Terms
2. Intellectual Property
3. Your Conduct
4. Comments, Communications and Other Content
5. Links
6. Indemnification
7. Disclaimer of Warranties
8. Limitation of Liability
1. Acceptance of Terms
Welcome to Tampoo.com. The following terms of use ("Terms") govern the use of the Tampoo.com website ("Website"). Read these terms carefully before You ("You") accept these Terms by: (a) placing an order through Tampoo.com, or (b) otherwise using the Website. If You do not agree with all of these Terms, do not use this Website.
Tampoo Inc. ,("Tampoo.com") is the owner and operator of Tampoo.com. The Terms are entered into by and between Tampoo.com and You. Any reference herein to Tampoo.com shall be deemed to refer to Tampoo.com and/or Tampoo.com, as applicable under the circumstances. The products offered for sale and other on-line resources accessible via Tampoo.com, are provided to You, subject to the Terms. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance the Website.
2. Intellectual Property Rights
Unless otherwise indicated, all information, images, text, messages, illustrations, graphics, logos, designs, icons, photographs, programs, data, software, music, sound, video, or other materials that are part of this Website (collectively, the "Content") are protected by copyrights, trademarks, service marks, publicity rights, or other proprietary rights and laws owned, controlled or licensed by Tampoo.com or by third parties (the "Third Party Providers") who have provided materials to Tampoo.com, and these rights are valid and protected in all forms, media and technologies, existing now or hereinafter developed. All Content is copyrighted as a collective work under the Canada copyright laws, and Tampoo.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.
Except as set forth herein, none of the Content may be copied, reproduced, framed, modified, removed, sold, distributed, republished, downloaded, displayed, posted, transmitted, or otherwise exploited, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Tampoo.com or the Third Party Provider. No part of this Website may be reproduced or retransmitted in any way, or by any means, without the express written permission of Tampoo.com. You also may not, without Tampoo.comĄ¯s prior express written permission, "mirror" any of the Content contained on this Website on any other server.
Tampoo.com is committed to respecting others' intellectual property rights, and we ask our users to do the same. Tampoo.com may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others' intellectual property rights. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Website, please contact our copyright agent as described in our copyright policy.
Nothing on this Website shall be construed as conferring any license under any of Tampoo.comĄ¯s or any Third Party ProviderĄ¯s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Permission is granted to display, copy, distribute and download Tampoo.comĄ¯s Content on the Website for personal, non-commercial use only, provided You do not modify the materials and that You retain all copyright notices, trademark legends, and other proprietary rights notices contained in the materials. This permission terminates automatically if You breach any of these Terms. Upon termination, You must immediately destroy any downloaded and printed materials.
The Content on this Website may be used only as a shopping resource. Any unauthorized use of any Content contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Tampoo.com has not independently authenticated content provided by Third Party Providers in whole or in part. Tampoo.com does not provide, sell, license, or lease any of the Content other than those specifically identified as being provided by Tampoo.com.
3. Your Conduct
You agree to use Tampoo.com only for lawful purposes. You are prohibited from posting on or transmitting through Tampoo.com any Content that violates or infringes anyoneĄ¯s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise deemed by Tampoo.com to be harmful or objectionable, or that intentionally or unintentionally violates any applicable local, state, national or international law, or any regulations having the force of law.
4. Comments, Communications and Other Content
All comments, communications, ideas, and other content disclosed, submitted or offered to Tampoo.com on or by this Website or otherwise disclosed, submitted or offered in connection with Your use of this Website (collectively, the "Comments") shall be and remain Tampoo.comĄ¯s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Tampoo.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Tampoo.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Tampoo.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by You to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by You to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
5. Links
The Website may provide, or third parties may provide, links to other Internet sites or resources. Because Tampoo.com has no control over such sites and resources, You acknowledge and agree that Tampoo.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Tampoo.com will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
This Website may be linked to other websites that are not under the control of and are not maintained by Tampoo.com. Tampoo.com is not responsible for the content of those sites. Tampoo.com is providing these links to You only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Tampoo.com of those sites.
6. Indemnification
You agree to indemnify and hold Tampoo.com, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneysĄ¯ fees, made by any third party due to or arising out of the use of the Website.
7. Disclaimer of Warranties
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY TAMPOO.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON THIS WEBSITE IS PROVIDED "AS IS", "WITH ALL FAULTS", AND IS FOR COMMERCIAL USE ONLY. TAMPOO.COM DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TAMPOO.COM MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON TAMPOO.COMĄ¯S WEB SITES. TAMPOO.COM MAY MAKE AVAILABLE ON TAMPOO.COMĄ¯S WEB SITES CONTENT AVAILABLE FOR DOWNLOADING THAT HAS BEEN SUBMITTED BY THIRD-PARTY USERS OF TAMPOO.COM'S WEB SITES. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL TAMPOO.COM OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM TAMPOO.COMĄ¯S WEB SITES.
TAMPOO.COM MAKES NO WARRANTY OR CONDITION THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE WEBSITE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAMPOO.COM OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. TAMPOO.COM'S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
8. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, TAMPOO.COM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF TAMPOO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM TAMPOO.COMĄ¯S WEB SITE.
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