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MARTYN LAWRENCE BULLARD DESIGN TERMS OF USE   

Welcome to Martyn Lawrence Bullard Design (“MLB Design” or “Company”) and to www.martynlawrencebullard.com (the “Site”).  Please read these Terms of Use, as well as our Privacy Policy, carefully before using this site.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE. 

COMPANY RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT IN COMPANY'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK ON THE HOME PAGE OF THE SITE.

Privacy:

MLB Design is committed to keeping any and all personal information collected of those individuals that visit our website and make use of our online facilities and services accurate, confidential, secure and private.  You should review MLB Design’s Privacy Policy [(www.martynlawrencebullard.com/privacy)] to understand MLB Design’s privacy practices.  Your use of the Site is subject to such Privacy Policy and these Terms of Use.

Terms of Use:

These Terms of Use and any amendments thereto (collectively, the "Terms") govern your use of this Site and its related domains on which this document appears. The Terms may be changed in the future without further notice by posting an updated version at the Site. Your continued use of the Site after any such changes constitutes your express acceptance of the new Terms.  These Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with MLB Design in connection hereunder.

Restrictions On Use:

You may use the Site for purposes expressly permitted by the Site.  As a condition of your use of the Site, you warrant to MLB Design that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.  For example, you may not (and may not authorize any party to) (i) co-brand the Site, or (ii) frame the Site, or (iii) hyper-link to the Site, without the express prior written permission of an authorized representative of MLB Design. For purposes of these Terms, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site.  You agree to cooperate with MLB Design in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.  In addition, you may not use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.  

Personal / Non-Commercial Use Limitation:

The Site is for your personal and non-commercial use, unless otherwise expressly specified to the contrary.  You may not use the Site for any other purpose, including any commercial purpose, without MLB Design’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to the Site.

Order and Payment Information: 

If you use the Site to purchase a product, payment must be received by the Company prior to the Company's acceptance of an order, unless otherwise agreed by the Company.  The Company may need to verify information you provide before the Company accepts an order, and may cancel or limit an order any time after it has been placed, including but not limited to the event that a product is listed at an incorrect price due to typographical or other error.  If payment already has been made and your order is canceled or limited, the Company will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. The Company expressly conditions its acceptance of your order on your agreement to the Terms.  In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to the Company is registered to you. The Company shall have the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided false, inaccurate, not current, or incomplete information to the Company.  All prices displayed on the Site are quoted in U.S. dollars. The Company may prohibit delivery to addresses outside the United States and Canada. The Company will add shipping and handling fees and applicable sales/use tax. The Company reserves the right without prior notice to discontinue or change specifications and prices on products offered on the Site without incurring any obligation to you.  Products displayed on this Site are available while supplies last. 

Shipping: 

Unless otherwise noted, the Company will use its commercially reasonable efforts to ship products that are in-stock within two business days of the receipt of a properly completed order. However, any delivery or shipment date provided by the Company to you is only a good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. The Company shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. The Company cannot ship to P.O. boxes.  Before completing an order that you wish to be shipped outside of the continental United States, please send an email to info@martynlawrencebullard.com. 

Refund/Returns Policy:  

All products on sale, all custom-made products and all fabric purchases are non-returnable and non-refundable. For all other products, the Company offers returns within fourteen (14) days of purchase; provided that, you must contact us at info@martynlawrencebullard.com prior to sending any product(s) for return.  All refunds shall be in the form of a company credit. Any products returned must be returned in the same condition that they were received and must be returned in a protective mailer or box.  Your name and order number must be enclosed in the return package.  Returns must be sent via a shipping method that provides tracking information.  Please send an email to at info@martynlawrencebullard.com once a return package is shipped, which email references your name and order number and has the tracking number in the body of such email.  All returns must be sent to the following address: 


Martyn Lawrence Bullard Design 

The Company reserves the right to refuse any returns which are not in compliance with the foregoing criteria.  The Company is not responsible for non-trackable customer returns that are not received.  

Copyright:  

All materials on the Site, logos, design, text, graphics, software, other files, and the selection and arrangement thereof (individually and collectively, the "Content") are proprietary to MLB Design and its licensors, and are protected by United States and international copyright and other intellectual property rights, laws and treaties. Copyright © 2013 Martyn Lawrence Bullard Design. ALL RIGHTS RESERVED. The Site as a collective work is the copyrighted work of the MLB Design. Access to and use of the Site is expressly governed by these Terms. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any element of the Site. You agree not to take any action to jeopardize, limit or interfere with the MLB Design’s ownership of and rights with respect to the Site and Content.  Any copying, uploading, reproduction, transmittal or redistribution of the Content which is not in expressly authorized by these Terms is strictly prohibited.  You understand and agree that making modifications to, creating derivative works based on, or any unauthorized use of, the Content or any other elements of the Site is expressly prohibited. 

Copyright Infringement:

In accordance with the Digital Millennium Copyright Act (“DMCA”), MLB Design has designated an agent to receive notification of alleged copyright infringement occurring on the Site:

DMCA Notification Agent

Attn: Nathan Newell

Martyn Lawrence Bullard Design

E-mail: info@martynlawrencebullard.com

Contents of Notice

The DMCA requires that all notices of alleged copyright infringement be in writing. For MLB Design to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing MLB Design of an alleged copyright infringement, you should: 

1.      Identify the copyrighted work that allegedly has been infringed. 

2.      Describe the material that is claimed to be infringing and provide sufficient information to permit MLB Design to locate that material.

3.      Provide your contact information, including an address, telephone number, and, if available, an e-mail address.

4.      Certify or include a statement that you have a good-faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.

5.      Certify that the information that you have provided MLB Design is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.

6.      Include your physical or electronic signature.

MLB Design may not be able to act on your complaint promptly or at all if you do not provide this information

Linked Sites:

MLB Design makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of MLB Design and MLB Design is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, sponsorship or adoption by MLB Design of the Site or any information contained therein. When leaving the Site, you should be aware that MLB Design’s Terms and Policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site. 

Submissions:

You hereby grant to Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Company through the Site (collectively, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.  Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

Company will treat any personal information that you submit through this site in accordance with our Privacy Policy.

Disclaimer of Warranties:  

The Site is provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including but not limited to warranties of title, or implied warranties of merchantability or fitness for a particular purpose.  You expressly understand and agree that use of the Site is undertaken by you at your sole risk.  

Limitations on Liability: 

In no event, including, without limitation, negligence or intentional acts, shall MLB Design or its affiliates be liable whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability or strict liability, for any damages, claims, or losses incurred (including without limitation compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused, and under any theory of liability arising in connection with: (i) the Site; (ii) the use or inability to use this Site; (iii) unauthorized access to or alteration or loss of your transmissions or data or other information that is sent or received; (iv) errors, system down time, network or system outages, or file corruption or service interruptions (including without limitation any loss of data, service interruption, computer failure or pecuniary loss); or (v) otherwise hereunder, even if MLB Design or its representatives are advised of the possibility of such damages, claims, or losses and notwithstanding any failure of essential purpose of any limited remedy.  Your only right with respect to any problems or dissatisfaction with The Site is to discontinue any use of The Site. Notwithstanding anything to the contrary contained herein, MLB Design’s liability to you for any cause of action or claim whatsoever, and regardless of the form of the action, will at all times be limited to the amount actually paid, if any, by you to MLB Design for any products, clubs or services, if any, supplied by MLB Design through your use of the Site in the twelve (12) month period preceding any such claim.  MLB Design will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, electrical or communications outages, fire, flood, terrorism, acts of God or nature, or war. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law. The terms of this section shall survive any termination of the Terms.

Representations and Warranties: 

You represent, covenant and warrant that:

•      you possess the legal right and ability to enter into these Terms and to comply with its terms;

•      you will use the Site for lawful purposes only and in accordance with these Terms and all applicable laws, regulations and policies;

•      you will not attempt to decompile, reverse engineer or hack this Site, or to defeat or overcome any encryption and/or digital rights management technology implemented with respect to this Site and/or data transmitted, processed or stored by this Site;

•      you will not take any steps to interfere with or in any manner compromise any of MLB Design’s security measures;

•      you will only use this Site on a computer on which such use is authorized by the computer's owner; and

•      you are 13 years of age or older.

If MLB Design has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, MLB Design may deny any or all use of the Site, and pursue any appropriate legal remedies. 

Indemnification:

You agree to indemnify, defend and hold harmless MLB Design, its parents, affiliates, subsidiaries, officers, directors, employees, attorneys, agents, and suppliers (collectively, the "Indemnified Parties"), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your: (i) violation or breach of any term of these Terms or any policy or guidelines referenced herein; (ii) use or misuse of this Site, the Content or any other element of the Site; or (iii) other violation of any rights of a third party.  The terms of this section shall survive any termination of the Terms.  

Changes to the Site:

MLB Design may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that MLB Design shall not be liable therefor.

International Users:

This Site is controlled, operated, and administered by MLB Design from its offices within the United States of America. MLB Design makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited.  You may not use the Site or export the content or products in violation of U.S. export laws and regulations.  If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Applicable Law:

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the California State Courts located in Los Angeles, CA, or the United States District Court located in Los Angeles, CA, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms.  The terms of this section shall survive any termination of the Terms. 

Termination:

Notwithstanding any of these Terms, MLB Design reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Site and to block or prevent future access to and use of the Site. You agree that MLB Design shall not be liable for any termination of your use of or access to the Site. 

General:

MLB Design reserves any and all rights not expressly granted herein.  Without limiting the generality of the foregoing, MLB Design reserves the right to make changes to the Site, policies and/or these Terms at any time and in MLB Design’s sole discretion.  Your continued use of the Site after MLB Design has made any such changes constitutes your binding acceptance of such changes.  Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and MLB Design, and you do not have any authority to create any obligation or make any representation on MLB Design’s behalf.  You may not assign this agreement, by operation of law or otherwise, without MLB Design’s express prior written consent.  Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and MLB Design and their respective successors and assigns.  If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.  These Terms, including the agreements and policies referenced herein, constitute the final, complete and exclusive agreement between MLB Design and you with respect to your use of the Site, and may not be contradicted, explained or supplemented by evidence of any prior, contemporaneous, or oral agreements or any other additional terms except as may be amended in accordance with these Terms.  Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.  Any failure by MLB Design to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision.  The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.  The terms of this section shall survive any termination of the Terms. 

Questions: 

If you have any questions or concerns about these Terms or any issues raised in these Terms or on the Site, please contact us at info@martynlawrencebullard.com.

© 2013 Martyn Lawrence Bullard Design. ALL RIGHTS RESERVED. Last Updated:1/14/14


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