1. Proprietary Rights
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, all the content, code, data and materials, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. To the extent that we do not own material contained on the Site, we have secured a license from the owner or licensor of such material granting us the right to display such content in the manner displayed on the Site. Your use of the Site does not grant to you ownership of any kind in any content, code, data or materials you may access on or through the Site.
2. Limited License
You may access and view the content on the Site and make single copies or prints of the content on the Site at your own risk and for your personal, non-commercial and internal use only. Use of the Site and the services offered on or through the Site, are only for your personal, non-commercial use. You may not use the Site for commercial purposes or in any way that is unlawful, harassing or intimidating, or harms us or any other person or entity, as determined in our sole discretion.
3. Prohibited Use
Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Mariqua Design or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or made available through the Site. (This includes, without limitation, the alteration or removal of any Trademarks (as defined in Section 4 below) or any other proprietary content or proprietary rights notices.) If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may be subject to liability for such unauthorized use (including, without limitation, for violations of copyright, trademark and other applicable laws).
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or on content available through the Site are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder.
5. User Information
6. Submitted Materials
Mariqua Design will not accept responsibility for any information included in any Submitted Materials created, transmitted or posted by users. You alone are responsible for the content and consequences of any and all of your activities and you submit Submitted Materials at your own risk.
7. Prohibited User Conduct
You warrant and agree that, while using the Site and the services and features offered on or through the Site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from Mariqua Design or , or its affiliates, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content or materials or use, redistribute, reuse, republish, repurpose or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the Site; or (d) use the Site or the services offered via the Site in any unlawful, harassing or intimidating manner, or in any manner that harms us or any other person or entity, as determined in our sole discretion.
8. Right to Monitor
9. Linking to the Site
You agree that if you include a link from any other Site to the Site, such link shall link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our services via the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Site. You agree not to link from any other Site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, that the link open in a new browser window, and/or to revoke your right to link to the Site from any other Site at any time upon written notice to you.
11. Orders for Products or Services
We may make certain products and/or services available to visitors and registrants of the Site. You may only order products if, and you hereby represent and warrant that, you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card/PayPal® concurrent with your online order or by other payment means acceptable to Mariqua Design. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents or PayPal®, you agree to pay all amounts due upon demand by us. Certain products or services that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download or thereafter.
12. Third Party Sites
13. DISCLAIMER OF WARRENTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MARIQUA DESIGN ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, MARIQUA DESIGN AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH MARIQUA DESIGN OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY MARIQUA DESIGN“AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND MARIQUA DESIGN OR ITS LICENSOR OR SUPPLIER.
UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE SITE FORM ANY RELATIONSHIP, WHETHER IMPLIED OR EXPRESS, WITH MARIQUA DESIGN. MARIQUA DESIGN HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF ITS USE OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, MESSAGES, COMMENTS OR CONTRIBUTIONS, CONTAINED ON THE SITE.
14. LIMITATION OF LIABILITY
15. Applicable Law
Mariqua Design is continually improving and adding new functionality and features to its Site and improving and adding to our existing products, services, and programs. Because of these ongoing changes, changes in the law, and the changing nature of technology, Mariqua Design data collection and retention practices will change from time to time. Accordingly, we encourage you to check this page frequently.
If material changes are made, we will notify you at this site and will not make new use of your previous collected data without your explicit consent.
Personal Information Collected
Other than cookies, as described below, the only Personal Information Mariqua Design currently collects through its Site is the information you voluntarily give us when you use the Site and related services.
For example, you may use the Site to contact Mariqua Design with questions and comments. When you fill out a form on the Site, you may provide your name and other contact information, including your company’s name, your e-mail address, and your mailing address or the mailing address of your company or other Personal Information. You are providing any and all such information voluntarily. If you would like to purchase a product or service offered via the Site, we will require only your name and your current, valid e-mail address. When you submit information to us through , you may receive a confirmation e-mail if you enter a valid e-mail address. When you use our Site to search for information, you are not providing us with any Personal Information. We offer the search features as a service to you. Mariqua Design does not collect or retain any identifying information about you when you use the search features of our Site.
Use of Personal Information Collected
Mariqua Design uses the Personal Information and other information you provide to answer your question or resolve your problem. Mariqua Design and our affiliates may also use this information to help us improve the content and functionality of our Site, to better understand our customers and markets, and to improve our products and services. Mariqua Design and our affiliates, with your consent, may use this information to contact you in the future to tell you about products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “unsubscribe” from receiving future communications.
We will never share your information outside of Mariqua Design without your explicit consent.
Anonymous Information Collected
In addition to the information you provide when you use the Site, Mariqua Design may use technology to collect Anonymous Information about the use of our Site. For example, we may use technology to track how many visitors access our websites, the date and time of their visit, the length of their stay, and which pages they view. We may also use technology to determine which web browsers our visitors use and the address from which they accessed our Site
This technology does not identify you personally. It simply enables us to compile statistics about our visitors and their use of the Site. Mariqua Design and our affiliates may use this Anonymous Information and share it with third parties to improve the content and functionality of our Site, to better understand our customers and markets, and to improve our products and services.
Disclosure of Your Personal Information
Typically, to purchase and deliver products or services via the Site, Mariqua Design will require that you provide your accurate name and email address. To the extent that Mariqua Design requires that you provide your name and email address we will maintain that information to communicate with you and confirm delivery of your order and we will also maintain that information to comply with any legal obligations or for the administration of justice.
While no method of data transmission is guaranteed against unlawful third party interception or other misuse, Mariqua Design uses commercially reasonable efforts to ensure protection of your data including industry-standard encryption and offline security methods in our physical facilities.
Links to Other Sites
Notice to California Residents
Under California civil code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the address written below.
Anonymous Information. Anonymous information means information that does not directly or indirectly identify, and cannot reasonably be used to identify, an individual guest.
Notice. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our sites, or by other means, consistent with applicable law.
Personal Information. Personal Information means information that identifies (whether directly or indirectly) a particular individual, such as the individual’s name, postal address, e-mail address and telephone number. When Anonymous Information is directly or indirectly associated with Personal Information, this anonymous information also is treated as Personal Information.
If you have any questions, please contact .