Last Updated on May 12, 2015
1. General Use and Restrictions
(a) if your authorization to enter the Site is terminated, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, and
(b) if your authorization to enter the Site is suspended, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, until your suspension is removed and WATERMARK DESIGNS, LLC. gives you express notice thereof.
1.3. Use of Content. You may print or copy any information (including but not limited to third party advertisements) displayed or transmitted on the Site (collectively, “Content”) that you are authorized to access, solely for informational and non-commercial, personal use; provided that you
(a) do not remove any title, trademark, copyright and/or restricted rights notices contained on such Content, and
1.4. Restrictions. Except as provided in Section 1.3 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, or publicly display any Content without first receiving WATERMARK DESIGNS, LLC's express written permission. You further agree not to, without first obtaining WATERMARK DESIGNS, LLC's express written permission,
(a) use any of its trademarks as metatags on other web sites,
(b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or
(c) display any part of the Site in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.
2.1 Account and Password. If we issue an account to use the Services to you (an “Account”), we will also issue a username and/or initial password for such Account to you (each user of the Service that is issued an Account shall be referred to herein as a “Registered User”). The portions of the Site available to the general public and to Registered Users may vary. You may not be able to access all features or use all Services on the Site if you do not become a Registered User.
You may not authorize any third party to enter and/or use your Account on their behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. If, notwithstanding the foregoing obligation, you allow another party to use your username and/or password to access your Account, you will be responsible for all use by the party using your Account. You agree to
(a) immediately notify WATERMARK DESIGNS, LLC of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your Account at the end of each session.
2.2 Submissions and User Generated Content.
2.1. The Site may contain bulletin boards, chat groups, forums and other interactive areas that allow users to express their opinions and post information and/or other materials (collectively, “User Generated Content”). We do not monitor all of the User Generated Content posted or transmitted by users and third party information providers. You may have the opportunity to answer surveys, ratings and questions posted on the Site by WATERMARK DESIGNS LLC's contractor.
2.2. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the third party and not of WATERMARK DeSIGNS, LLC. WATERMARK DeSIGNS, LLC. does not represent or endorse the accuracy or reliability of any User Generated Content displayed, uploaded, or distributed on the Site by any third party. You acknowledge that any reliance upon any such third party User Generated Content is at your sole risk.
2.3. WATERMARK DESIGNS, LLC. may, in its sole discretion, edit and/or remove any User Generated Content you submit to the Site. Without limiting the generality of the foregoing,
WATERMARK DESIGNS, LLC. may edit or remove any User Generated Content you submit to the Site that WATERMARK DESIGNS, LLC., in its sole discretion, deems abusive, defamatory, obscene, unlawful, or otherwise unacceptable, and you waive any moral rights you may have with respect to changes in the User Generated Content. We are not responsible for maintaining your posted User Generated Content and we may, in our sole discretion, delete or destroy it at any time with no liability or obligation to you.
2.4. You are solely responsible for any User Generated Content you submit to the Site. We shall not be liable for the use or misuse of any information or data, including personal information, that is included in your posted User Generated Content.
2.5. By submitting User Generated Content to the Site, you hereby grant to WATERMARK DESIGNS, LLC., its affiliates and related entities, a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, exploit, modify, archive, store, reproduce, adapt, publish, translate, create derivative works from, distribute, perform and display all such User Generated Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant WATERMARK DESIGNS, LLC., its affiliates, related entities, licensees and assignees the right to use your name and any other information about you that you provide in connection with any such use of the User Generated Content.
3. User Generated Content Limitations
4. Linking and Third Party Dealings
4.2. Linking to the Site. Subject to the further provisions of this Section 4, WATERMARK DESIGNS, LLC. welcomes links to the Site from other web sites. However, if WATERMARK DESIGNS, LLC. demands that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at any time after such demand is made.
5. Intellectual Property
5.2 Trademarks. Trademarks, service marks and logos are marks of WATERMARK DESIGNS, LLC (not all marks of WATERMARK DESIGNS, LLC appear on this Site) and except as expressly provided in Section 1.3 above, may not be copied, imitated or used, in whole or in part, without WATERMARK DESIGNS, LLC's prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of WATERMARK DESIGNS, LLC or its licensors and may not be copied, imitated, or used, in whole or in part, without WATERMARK DESIGNS, LLC's prior written permission.
6. Policy, Notices and Procedures Regarding Claims of Copyright Infringement
WATERMARK DESIGNS, LLC. respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify our agent as provided in this Section 6. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be directed to:
WATERMARK DESIGNS, LLC.
350 Dewitt Avenue
Brooklyn, New York 11207, USA
By Fax: 718-257-2144
By Email: [email protected]
NOTE: The preceding information in this Section 6 is provided exclusively for notifying WATERMARK DESIGNS, LLC. that your copyrighted material may have been infringed. All other inquiries, such as product or service related questions and requests, or questions on privacy, will not receive a response through this process.
You hereby agree to indemnify and hold harmless WATERMARK DESIGNS, LLC. and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers, contractors and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim arising out of
(a) your entry and/or use of the Site (including, without limitation, any Service), and/or
8. Disclaimer of Warranties
You expressly acknowledge and agree that your use of the Site (including, without limitation, any Service and Content) is at your sole risk. To the maximum extent permitted by applicable law, the Site (including, without limitation, the Services and Content) is provided to you on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, WATERMARK DESIGNS, LLC. makes no representations or warranties relating to the Site, Services or Content including, without limitation, representations or warranties that
(a) the Site, Services or Content shall meet your requirements,
(b) the operation of the Site or Services will be uninterrupted or error free, or (c) any defects in the Site, Service or Content will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WATERMARK DESIGNS, LLC. HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WATERMARK DESIGNS, LLC. KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE SITE, SERVICE AND CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WATERMARK DESIGNS, LLC. FURTHER DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE AND NONINFRINGEMENT WITH RESPECT TO THE SITE, SERVICES AND CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
10. Modifications to the Site.
For the avoidance of doubt, WATERMARK DESIGNS, LLC. may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including, without limitation, the Services and Content, at any time for any reason (or for no reason) and without notice or liability. 11. Governing Law and Jurisdiction. The Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. Although the information on this website is accessible to users outside of the United States, the information on the website pertaining to WATERMARK DESIGNS, LLC's products is intended for use only be residents of the United States. Other countries may have laws and regulatory requirements that differ from those of the United States. This Site links to other sites produced by our various brands, some of which are outside of the United States. Those sites may have information that is appropriate only to that particular originating country or geographic region.
12. General Provisions