01. COPYRIGHT INFORMATION
ROSEY WEST owns www.roseywest.com (“the Site”). ROSEY WEST owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Site (the “Content”), and all HTML, CGI and other code and scripts in any format used to implement the Site (the “Code”). The Content and Code of the Site is protected by copyright. Except as set forth herein, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of ROSEY WEST. You may not use the Content or Code from the Site for any purpose other than those set forth herein. All names, logos and trademarks, which appear on the Site, are the property of ROSEY WEST or are used by ROSEY WEST under license. You may not use any of the foregoing for any purpose without the prior express written permission of ROSEY WEST. Your failure to comply with this Legal Statement will constitute breach of contract and will violate ROSEY WEST’s copyright, trademark and other proprietary and industrial property rights. You may print in hard copy portions of this website with the sole intent of placing an order for ROSEY WEST products or for keeping store location, hours or phone number information. The use of any such material for any other reason, on any other website, or the modification, distribution, or republication of this material without prior written permission from ROSEY WEST or as otherwise specifically directed on the Site as to specific Content is strictly prohibited.
02. LEGAL STATEMENT
This legal statement contains the terms and conditions governing the Site, and all sites of the affiliates of ROSEY WEST. By using the Site, you expressly accept and agree to abide by all the terms and conditions contained in this Legal Statement. Do not use the Site if you do not accept and agree to these terms and conditions. Unless otherwise referenced herein, any reference to “ROSEY WEST” shall include Rosey West, LLC. and all of its affiliates.
The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site, downloading product information for your personal review and for the purchase of products.
03. NO LICENSE
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of ROSEY WEST, its affiliates or any third party.
04. USE OF INFORMATION
If you respond to ROSEY WEST with any information, including but not limited to photographs, feedback, data, questions, comments, suggestions, or the like Site (collectively, the “User Material”), you shall retain all of your ownership rights in your name and any photographs and other material and content you post on, submit or upload, however, such information shall NOT be deemed confidential. You hereby grant to us a royalty-free, worldwide, perpetual, fully sub-licensable, irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner your User Material, and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting, posting or uploading User Material you represent and warrant that (a) no other party has any rights to the User Material or that you have all rights necessary to grant the rights granted hereunder, (b) the User Material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any User Material, (c) your provision of the User Material to and through the Site, complies with all applicable laws, rules and regulations; and (d) you hereby indemnify ROSEY WEST for all claims resulting from the User Material you supply. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the User Material that you may have under any applicable law under any legal theory.
ROSEY WEST will not be liable for any use or disclosure of such information. ROSEY WEST will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. ROSEY WEST will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
ROSEY WEST welcomes your comments and suggestions on its Site and products, but ROSEY WEST does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that ROSEY WEST may publish such information, use it as part of its operations, and incorporate its concepts in ROSEY WEST products without liability.
05. PRODUCTS & PRICING
Although ROSEY WEST has made every effort to display the products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user and ROSEY WEST cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. ROSEY WEST is not responsible for typographical errors regarding price or any other matter. Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for United States purchases. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling. Purchase requests to addresses outside the United States cannot be filled.
Prohibited Activities : You may not post, upload or transmit any material or content on or through the Site: that violates or infringes in any way upon the rights of others; that solicits, encourages, or promotes the use of illegal substances or activities; which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable; that is protected by copyright, trademark, trade secret or any other proprietary right, (unless you have secured all rights necessary to grant the rights granted here under); that expresses or implies that any statements made by you are endorsed by ROSEY WEST; that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state or federal law; or that contains nudity, obscene gestures, obscene language, advertising for products, services or websites and/or contact information (i.e. phone numbers, addresses, URLs or email addresses).
ROSEY WEST reserves the right to refuse to send or transmit gift cards, including e-gift cards, that contain vulgur, obscene, abusive, profane or otherwise offensive language.
06. GIFT CARD DISCLAIMERS
ROSEY WEST does not assume any liability or responsibility for the accuracy, completeness, reliability, or usefulness of the information posted, disclosed, or accessed by visitors to this site. The use of any such information shall be at the user’s sole risk. IN NO EVENT SHALL ROSEY WEST BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGE OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE TO PROPERTY AND INJURY OR DEATH TO PERSONS, ARISING OUT OF OR IN ANY RELATING TO THE USE OR PERMFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH THIS SITE.