Last Updated: September 1, 2015
Products, Services and Downloadable Products
Through the Platform, Cashmerette offers Web based and non-Web based products and services (“Product”). Product is the copyrighted work of Cashmerette or its vendors, suppliers or publishers, as applicable.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE PRODUCT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED IN WRITING BY CASHMERETTE.
All orders are subject to Cashmerette’s acceptance. This means that Cashmerette may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else.
Intellectual Property Rights
The mark “Cashmerette” is a trademark of Cashmerette. All rights reserved.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of each component of the Platform (collectively, “Content”) is owned, controlled or licensed by or to Cashmerette, and is protected by, copyright, patent and trademark, trade name and trade dress laws, and various other intellectual property rights (collectively, “Intellectual Property Rights”) and unfair competition laws. All Content is the proprietary property of Cashmerette or its licensors. All rights reserved.
No part of the Platform may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, reverse engineered or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Cashmerette’s express prior written consent. 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 Platform, the Content.
Account, Passwords and Security
If any of the Cashmerette products or services available through any Platform requires you to open an account, you must complete the registration process by providing Cashmerette with current, complete and accurate information as prompted by the applicable registration form.
You are entirely responsible for maintaining the confidentiality of any password created in connection with the use of the Cashmerette products or services available through the Platform and your account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Cashmerette immediately of any unauthorized use of your account or any other breach of security. Cashmerette will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Cashmerette or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
The Platform contains services and features that are available to certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or devices. By using Cashmerette mobile services, you agree that we may communicate with you by electronic means to your mobile device, including email, and that certain information about your use of these services may be shared with us.
Personal Non-Commercial Use
Unless otherwise specified, you may use the Content and the Platform for your personal and non-commercial use. You may use Content available on the Platform or that has otherwise been provided in connection with your purchase of products or services of Cashmerette and purposely made available by Cashmerette, provided that, unless you have Cashmerette’s prior written consent, you (1) shall not remove or alter any proprietary notice, (2) shall use such information only for your personal, non-commercial use, (3) shall not copy or post such information on any networked computer or broadcast it in any media, and (4) shall make no modifications thereto. You agree not to use any data mining, robots, scraping or similar data gathering methods.
No Unlawful or Prohibited Use
CASHMERETTE DOES NOT PROMISE THAT THE PLATFORM OR ANY CONTENT, SERVICE, PRODUCT OR FEATURE OF THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PLATFORM WILL PROVIDE SPECIFIC RESULTS. EXCEPT AS MAY BE EXPRESSLY WARRANTED TO YOU UPON YOUR PURCHASE OF A SERVICE OR PRODUCT RELATED TO THE PLATFORM, THE PLATFORM AND ITS CONTENT ARE DELIVERED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE PLATFORM IS SUBJECT TO CHANGE WITHOUT NOTICE. CASHMERETTE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE PLATFORM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES, NOR DOES CASHMERETTE GUARANTEE THAT ANY DATA UPLOADED TO THE PLATFORM WILL BE STORED PROPERLY, PERMANENTLY OR NOT BE ENTIRELY OR PARTIALLY LOST. CASHMERETTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CASHMERETTE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORM AND/OR ANY CASHMERETTE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND ANY LINKED SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, CASHMERETTE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU OBTAIN CONTENT AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER DEVICE IN WHICH YOU ACCESS THE PLATFORM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. CASHMERETTE RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT AND OTHER ITEMS USED OR CONTAINED IN THE PLATFORM AT ANY TIME WITHOUT NOTICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of the Platform or the Content, whether for breach of contract, tort, negligence or any other cause of action.
SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
In no event will Cashmerette be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including health problems, personal injuries, or lost earnings or profits, even if Cashmerette has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms and Conditions, Cashmerette is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Platform or any services or products offered through the Platform or Content, Cashmerette’s liability shall in no event exceed US$100.00.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
© 2015 Cashmerette, LLC. All rights reserved.