TERMS AND CONDITIONS
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR OTHERWISE USING THIS SITE, YOU AGREE TO BE BOUND CONTRACTUALLY BY THESE TERMS OF USE.
1. Parties. The parties to this Agreement are you, a visitor to this web site (“You”), and the owner and operator of this web site: Madame “O” Production (“MO”). All references to “us”, “we”, “this web site” or “this site” shall be construed to mean MO. If the user is not an individual, then “You” means Your company, its officers, members, agents, successors and assigns.
2. License. MO grants a non-exclusive, non-transferable, and revocable license to You and provides the services available at this site to You subject to the following terms and conditions.
3. Entire Agreement. This Terms of Use Agreement will be expressly incorporated by reference in each and every agreement between You and MO, and except for any separate license agreement for software and/or content, this terms of use agreement supersedes any and all prior and existing agreements, whether oral or in writing, between You and MO with respect to the subjects addressed herein and constitutes the entire agreement between the parties with respect to those subjects. Except for any separate license agreement for software and/or content, You acknowledge that neither MO nor anyone on MO’s behalf has made any representations, inducements, promises or agreements, orally or otherwise, to You relating to the subjects addressed by this terms of use agreement that are not embodied herein.
4. Prohibited Conduct. You agree (i) not to use this site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (ii) not to interfere or disrupt this site or any networks connected to this site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on MO’s infrastructure; (v) not to use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree not to use the services, products, or downloads available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this site.
5. Compliance with Laws. You shall comply with all applicable laws and regulations of the UK and foreign authorities relating to any service, product, or download associated with this site.
6. Separate License Agreement(s). You may acquire software and/or content from MO by download from this site, or otherwise directly from MO. You agree that your use of such software and/or content shall be strictly in accordance with the applicable license agreement(s).
7. Registration Data And Privacy. Registration may be required for you to download from this site, or for your participation in certain services offered at this site. You must provide certain current, complete, and accurate information about You as prompted to do so by the registration form (“Registration Data”), and maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that your Registration Data is accurate and current, and that You are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that You provide is untrue, inaccurate, not current or incomplete, MO retains the right, in its sole discretion, to suspend or terminate rights to use the services. Registration Data and certain other information about You is subject to our Privacy Policy. Solely to enable MO to use information You supply us internally, so that we are not violating any rights You might have in that information, You grant to MO a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by MO’s computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by MO, in each case by any method or means or in any medium whether now known or hereafter devised.
8. Postings To This Site.
8.1 Defamation; This site is a provider of “interactive computer services” and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
8.2 Copyright Infringement; This site is an Internet “service provider” . This site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Madame “O” Production, info@madameoproduction.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. In notifying us of alleged copyright infringement, the law requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
9. Copyrights. The copyright in all material provided on this site is owned by MO or by MO’s licensor(s). You acknowledge and agree that this site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to You through this site, including text, graphics, logos, icons, images, videos and software, and the arrangement and compilation of such content, are the property of MO or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. MO does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this site. Furthermore, 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 MO or the copyright owner. However, You may print a copy of the information on this site for Your personal, non-commercial internal use or records. In so doing, You may not modify the materials and You agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give You any ownership rights in the information and terminates automatically if You breach any of these terms or conditions. If You make any other use of this site, except as otherwise provided herein, You may violate copyright and other laws of UK, other countries, as well as applicable state laws and may be subject to penalties.
10. Trademarks. The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this site are registered and unregistered Trademarks of MO and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site, without the written permission of the Trademark owner. MO aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademark(s) CONTRACT MAKER may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior, written permission. MO prohibits use of any of the forgoing names or marks as a metatag or as a “hot” link to any MO site unless establishment of such a link is approved in advance by MO in writing. If You have any questions regarding any trademarks on the site, please contact MO.
11. Links.
11.1 Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use the our logo, our trademark, or our name or trademarks, or other proprietary graphic image in the link without our prior written permission.
11.2 Links to Third Party Websites. We do not review or control third party websites that link to or from this site, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party site is on your own initiative and at your own risk and may be subject to the other sites’ terms of use.
12. Participation In Promotions Of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products or services on this site (“Advertisers”). You acknowledge and agree that any such correspondence or participation, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and Advertiser. MO shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence or participation or transactions.
13. Monitoring. You acknowledge that MO or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this site. MO, in its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Information which MO deems inappropriate (such as that specified in above) or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this site will be prosecuted to the full extent of the law.
14. NO WARRANTIES. THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE OR CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS” BASIS FROM MO AND ITS INFORMATION PROVIDERS, MO AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS S ITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF MO AND MO’S AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON INFRINGEMENT. YOU ACKNOWLEDGE THAT NEITHER THIS SITE NOR THE CONTRACT MAKER INTERNET SERVICE IS ENGAGED IN PROVIDING PROFESSIONAL LEGAL SERVICES OR LEGAL ADVICE, AND THAT IT IS YOUR RESPONSIBILITY TO SEEK COMPETENT LEGAL COUNSEL TO ADVISE YOU REGARDING THE APPLICABILITY OF ANY CONTENT AVAILABLE ON THIS SITE TO SPECIFIC FACTUAL SITUATIONS. NO ATTORNEY-CLIENT RELATIONSHIP IS INTENDED NOR CREATED THROUGH YOUR USE OF THIS SITE, THE CONTRACT MAKER INTERNET SERVICE, OR THE CONTENT. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE CONTENT AVAILABLE AT THIS SITE. WITHOUT LIMITING THE FOREGOING, NONE OF MO NOR MO’S AFFILIATES OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MO OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15. LIMITED LIABILITY. MO AND ALL OF MO’s AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO MO, IF ANY, FOR THE SERVICE, SOFTWARE OR CONTENT AT ISSUE.
16. Indemnity. You shall defend, indemnify, and hold harmless MO and its content providers and their respective shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from your failure to have any documents drafted through this site reviewed by Your attorney acting within an attorney-client relationship.
17. Beneficiaries of this Agreement; No Other Agreements. The rights and limitations in this agreement are for the benefit of MO and each of MO’s content providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf.
18. Termination. You agree that MO may, at its sole discretion, deny You access to the site and disable any user name and password associated with You for any reason, including, without limitation, if MO believes that You have violated or acted inconsistently with the letter or spirit of this agreement. MO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this site (or any part thereof) with or without notice. You agree that MO shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered under this site.
19. Consumer Rights. MO maintains specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies. You may contact MO with complaints and inquiries regarding pricing and MO will investigate those matters and respond to the inquiries. All correspondence should be addressed to MO’s agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Madame “O” Production, info@madameoproduction.com
20. Controlling Law. This Agreement shall be construed under the law of United Kingdom.
21. Jurisdiction And Venue. You and MO agree to submit to the exclusive personal jurisdiction of the court of London in all legal proceedings that are not arbitrated under this Agreement .
22. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the London Court of International Arbitration (LCIA) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with LCIA rules. The arbitration shall take place in London (UK) and may be conducted by telephone or online. The arbitrator shall apply the law of the United Kingdom to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement.