TERMS OF USE
1 Acceptance of Terms
1.1
www.gusandwaldo.com (“Site”) is operated by Massimo Fenati Studio
(“MFS”). By signing up for or using the various services offered
on the Sites, or by using the Sites, you agree that you have read, understand
and agree to be legally bound by the terms and conditions set forth or referenced
below ("Terms of Use"). In these Terms of Use, the Sites, and the
services offered on the Sites, are referred to collectively as the “Service.”
If you do not agree to these Terms of Use, do not use or access the Service.
We reserve the right to change these Terms of Use from time to time and at our
sole discretion. Your continued use of the Service following the posting of
any changes to the Terms of Use constitutes your acceptance of such changes.
2
Intellectual Property
2.1
All copyright, trade marks, logos, branding, database and design materials subsisting
in any and all website enabling software (object and executable) together with
customer facing website content within this and any other websites operated
by MFS, are owned by Massimo Fenati or companies controlled or owned by the
same. The author asserts his moral rights in all such materials. You are not
permitted to copy, download, store in any media, publish, distribute, transmit,
adapt or change in any way any pages or materials contained on these websites
with the exception of transient and incidental copies made in order for you
to view these websites on-screen. Use of the Service or the materials or content
contained in the Service for any purpose not set forth in these Terms of Use
is strictly prohibited.
3
Registration, Accounts and Passwords
3.1
You agree to (1) provide true, accurate, current and complete data about yourself
on any area of the Service where you are prompted to provide information about
yourself and (2) promptly update the your information to keep it true, accurate,
current and complete. If you fail to, your use of the Service may be suspended.
4
Privacy Policy
4.1
Your use of the Service is governed by the GusAndWaldo.com Privacy Policy located
at http://www.gusandwaldo.com/privacy, which is incorporated by this reference.
You agree to our collection, use and sharing of your information as set forth
in the GusAndWaldo.com Privacy Policy.
5
Purchases
5.1
You agree that all purchases made by you on the Service are subject to the GusAndWaldo.com
Terms and Conditions of Sale, which can be viewed at http://www.gusandwaldo.com/conditionssale
6
User Conduct
6.1
You agree that you will not use the Service to upload, post, or otherwise distribute
or facilitate distribution of any material that (1) is libelous, defamatory
or slanderous; (2) is sexually suggestive or contains explicit sexual content
(including nudity); (3) does or may denigrate or offend any individual or group
on the basis of religion, gender, sexual orientation, race, ethnicity, age,
or disability; (4) does or may threaten, abuse, harass, or invade the privacy
of any third party; (5) infringes the rights of any third party, including,
without limitation, patent, trademark, trade secret, copyright, right of publicity,
or other proprietary rights; (6) condones, promotes, contains or links to warez,
cracks, hacks or similar utilities or programs; (7) constitutes unauthorized
or unsolicited advertising, junk or bulk e-mail (also known as "spam"),
chain letters, any other form of unauthorized solicitation, or any form of lottery
or gambling; (8) contains a software virus or any other computer code that is
designed or intended to disrupt, damage, or limit the functioning of any software,
hardware, or telecommunications equipment, or to damage or obtain unauthorized
access to any data or other information of any third party; (9) impersonates
any person or entity, including any employee or representative of MFS; or (10)
violates any applicable law or these Terms of Use. You agree that you will not
collect information about third parties via the Service or use any such information
for the purpose of transmitting or facilitating transmission of unauthorized
or unsolicited advertising, junk or bulk e-mail, chain letters, or any other
form of unauthorized solicitation. You agree that you will not engage in the
systematic retrieval of data or other content from the Service to create or
compile, directly or indirectly, a collection, compilation, database or directory.
7
Grant of Limited License
7.1
If you post any content to the Service, you hereby grant MFS and its affiliates
and licensees a worldwide, royalty-free, perpetual, irrevocable, nonexclusive
right and license to use, reproduce, publicly display, publicly perform, modify,
sublicense, and distribute such content, and incorporate it in other works,
in whole or in part, in any manner and any media now known or hereafter developed.
You represent and warrant that you own such content or otherwise have sufficient
rights in the content to grant to MFS the license set forth in this section
without infringing or violating the rights of any third party.
8
DISCLAIMER OF WARRANTIES
8.1
MFS PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE"
BASIS. MFS, AND EACH OF ITS AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES
AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, MFS DOES NOT WARRANT THAT THE SERVICE WILL (1)
BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL
COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION
OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICE IS SOLELY
AT YOUR RISK.
9
EXCLUSION OF DAMAGES
9.1
MFS, AND EACH OF ITS AFFILIATES, AGENTS AND LICENSORS WILL NOT BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA
OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF
OR INABILITY TO USE THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
LEGAL THEORY, AND EVEN IF MFS OR COSMIC HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, MFS WILL NOT BE LIABLE FOR ANY
LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 3 (REGISTRATION,
ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED TO THE SERVICE BY YOU OR ANY THIRD
PARTY.
10
LIMITATION OF LIABILITY
10.1
IN NO EVENT WILL MFS'S LIABILITY TO YOU IN CONNECTION WITH THE SERVICE OR THESE
TERMS OF USE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS WHICH GAVE
RISE TO THE LIABILITY.
11
APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS
11.1
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, MFS’S
LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO
NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH IN
SECTION 10 MAY NOT APPLY TO YOU.
12
THIRD-PARTY WEB SITES
12.1
THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SERVICE ARE NOT CONTROLLED BY
MFS. ACCORDINGLY, MFS MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY
WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF
OR RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR
OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY WEB SITE DOES
NOT IMPLY AN ENDORSEMENT.
13
Indemnification
13.1
You will indemnify and hold harmless MFS and each of its representatives, agents,
affiliates, directors, officers, employees, managers and shareholders (the "Indemnified
Parties"), and at the Indemnified Parties’ option defend them, from
and against any damage, loss, cost or expense (including without limitation,
legal fees and costs) incurred in connection with any third-party claim, demand,
proceeding or action ("Claim") brought against any of the Indemnified
Parties arising out of your use of the Service or any alleged breach by you
of any provision of these Terms of Use. If you are obligated to indemnify MFS,
MFS may, in its sole and absolute discretion, control the defense and disposition
(including its possible settlement) of any Claim at your sole cost and expense.
Without limitation of the foregoing, you will not settle, compromise or in any
other manner dispose of any Claim without the written consent of the Indemnified
Parties.
14
Termination
14.1
In its sole and absolute discretion, with or without notice to you, MFS may
(1) suspend or terminate your use of the Service, or (2) terminate your account.
You may terminate your account for any reason by emailing MFS at hello@gusandwaldo.com.
MFS will not be liable to you or any third party for any claims or damages arising
out of any termination or suspension of the Services.
15
General
15.1
This website including its content, this Legal Notice, the Privacy Policy, Terms
and Conditions of Sale are governed by the laws of England and Wales. English
courts shall have exclusive jurisdiction over any dispute which may arise as
a result of you using our websites or purchasing any of our products from it.
15.2
No failure or delay by us in exercising any right, power or privilege under
these Terms of Use will operate as a waiver thereof, nor will any single or
partial exercise of any right, power or privilege preclude any other or further
exercise thereof or the exercise of any other right, power, or privilege under
these Terms of Use. The invalidity or unenforceability of any provision of these
Terms of Use will not affect the validity or enforceability of any other provision,
all of which will remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising
out of, related to or connected with the use of the Service or these Terms of
Use must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
15.3
The section titles in these Terms of Use are for convenience only and have no
legal or contractual effect. These Terms of Use represent the entire understanding
of the parties regarding its subject matter, and supersede all prior and contemporaneous
agreements and understandings between the parties regarding its subject matter.
15.4
These terms and conditions are binding upon and will ensure to the benefit of
both parties and their respective successors, heirs, executor, administrators,
personal representatives and permitted assigns.
16
Customer support
16.1
All customer queries are to be sent to the following email address:
hello@gusandwaldo.com
All customer queries will be answered within 48 hours.
© 2006 Massimo Fenati, All Rights Reserved
Massimo Fenati Studio
1 Hippodroe Place
London W11 4NG
United Kingdom