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WATERFORD WEDGWOOD USA, INC.,
TERMS OF USE AGREEMENT
Welcome to the Waterford.com Web site ("Site"). Waterford Wedgwood USA, Inc. ("WWUSA"), as the owner of this Site, provides you, as a visitor to or customer of the Site, with access to and use of the Site subject to your compliance with the terms and conditions set forth below, including all documents, policies, and guidelines incorporated herein (the "Agreement"). You should read this agreement carefully before browsing, using, or ordering products or services on our Site.
When you access, browse, or use our Site, you agree to be bound by the terms and conditions described in this Agreement, and by all documents, policies, and guidelines incorporated by reference, including but not limited to those described in the Related Policies section below. This Agreement contains provisions regarding:
This Agreement does not alter in any way the terms or conditions of any other written or on-line agreement you may have or will have with WWUSA. WWUSA reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the Site, along with the effective date of changed or modified Agreement. Any changes or modifications will be effective upon posting of the new Agreement on the Site as revised, and your access to or use or browsing of our Site following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.
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AVAILABILITY TO U.S. RESIDENTS
This Site is intended only for the use of persons residing in the United States, and for delivery of products and services within the United States. If you reside outside of the United States, or are seeking delivery of products or services outside of the United States, please visit http://www.waterfordwedgwood.com/ for more information about ordering and delivery for your particular country.
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RELATED POLICIES
Privacy Policy. WWUSA is committed to protecting the privacy of customers and visitors who use our this Site. We have therefore created a Privacy Policy to explain our privacy practices and procedures. We believe that you should know what information we collect from you, as well as understand how we use, disclose, and protect that information. We believe that you should be able to communicate with us easily to limit the disclosure of any of your personally identifiable information, where practicable, and to address any questions or concerns that you may have. To learn about WWUSA's information collection and use practices and policies, please refer to the Privacy Policy section of the Site.
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LICENSE AND TERMS OF SITE ACCESS
Limited License: WWUSA grants you a limited license to access and make personal, non-commercial use of our Site and the content displayed on it. Any other redistribution, retransmission, copying, or publication of any content from this Site is strictly prohibited without the express written consent of WWUSA. Our grant of this limited license does not include, without limitation: (1) any resale or commercial use of the Site or any of its content; (2) the collection and use of any product or service listings or descriptions; (3) making derivative uses of the Site or any of its contents; or (4) use of any data mining, "spiders," "robots," "wanderers," or similar data gathering and extraction methods. Except as noted above, WWUSA does not grant to you any right or license by implication, estoppel, or otherwise in or under any copyright, trademark, service mark, registered trademark, or proprietary right of WWUSA or any third party. See the Copyright and Trademarks and Service Marks sections below for further information.
Framing and Tagging: You may not frame, enclose, or otherwise use any Waterford, WWUSA, or WWUSA affiliate trademark, logo, design, image, page layout, or other proprietary information displayed on this Site without the prior written permission of WWUSA or its affiliates. Further, you may not use any "meta tags" (which are used to embed keywords, descriptions, or other information in the header of an HTML document) or any other "hidden text" using a Waterford, WWUSA, or WWUSA affiliate name, trademark, service mark, or product name without the express written consent of WWUSA or its affiliate. See the Copyright and Trademarks and Service Marks sections below for further information.
Harmful Content: By using the Site, you agree not to submit or disseminate any harmful message, data, information, text or other material, including without limitation, viruses, "Trojan horses," "worms," "time bombs," "zombies," "cancelbots," or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information of WWUSA or any third parties.
User Name and Password: If you use any part of the Site that requires a user name or password-including but not limited to registration through the "My Account" section of this Site-then you are responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account, your username, or your password is compromised in any manner, you should notify WWUSA immediately. Consistent with the Network and Information Security provisions of our Privacy Policy, WWUSA reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, WWUSA may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall WWUSA be held liable to you for any liabilities or damages resulting from or arising out of (1) any action or inaction of WWUSA under this provision, (2) any compromise of the confidentiality of your account or password, or (3) any unauthorized access to your account or use of your password. Any unauthorized use of this Site will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Responsibility for Your Conduct. By using this Site, you agree not to impersonate any person or entity, otherwise misrepresent your affiliation with a person or entity, misrepresent your address or country of residence, or interfere with other users of the Site. You are solely liable for the content of any message, data, information, text, or other material you submit or transmit to this Site. Consistent with the Indemnification section below, you agree to indemnify and hold harmless WWUSA from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this Agreement, or your violation of any rights of a third party.
Enforcement. WWUSA has the right, but not the obligation, to suspend or terminate your access and use of the Site at any time and at its sole discretion and to cancel your order for products or services at any time and at its sole discretion. WWUSA has the right, but not the obligation, to enforce strictly this Agreement by, without limitation, issuing warnings, suspending or terminating your registration or account, self help, active investigating, litigating, and/or prosecuting in any court or appropriate venue. Consistent with its Privacy Policy, WWUSA may access, use, and disclose transaction information and any message, data, information, text or other material you submit or transmit to this Site to comply with the law (e.g., a lawful subpoena); enforce or apply our customer agreements; to bill, and collect for products and services; to protect our rights or property. Indirect or attempted violations of this Agreement or any related policy, and actual or attempted violation by a third party on behalf of a WWUSA customer shall be considered violations of the Agreement by such customer.
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COPYRIGHT
All content, copyrighted materials, and copyrightable materials on this Site, including, without limitation, the Waterford, WWUSA, and WWUSA affiliate logos, designs, text, graphics, pictures, sound files and other files, page layouts, and the selection and arrangement thereof ("Materials") are ALL RIGHTS RESERVED Copyright © 2002 WWUSA and/or its affiliates. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of WWUSA or affiliated copyright owner. WWUSA and its affiliates grant you permission to display, copy, distribute, and download the Materials on this Site for personal, non-commercial, and informational use only, provided that you may not, without the permission of WWUSA or its affiliated copyright owner (1) copy, publish, or post any Materials on any computer network or broadcast or publications media, (2) modify the Materials, or (3) remove or alter any copyright and other proprietary notices contained in the Materials.
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TRADEMARKS AND SERVICE MARKS
All marks and logos featured in this Web site-including, but not limited to, "Waterford®," "Waterford Crystal," "Waterford.com", "Waterford Wedgwood®," "Marquis®," "Marquis® by Waterford," "Waterford World of Awards®," "Waterford Holiday Heirlooms®," "Waterford Home Accents®," and the "seahorse" design-are either trademarks, service marks, or registered trademarks of Waterford Wedgwood plc or its affiliates, including but not limited to Waterford Crystal Limited, Waterford Glass Limited and Waterford Glass Group Limited and used under license by WWUSA. These trademarks, service marks, and registered trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Waterford Wedgwood plc or its affiliates. All page headers, Waterford and Waterford.com custom graphics, buttons, icons, and scripts are either trademarks, service marks, and/or trade dress of WWUSA or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of WWUSA or its affiliates. Waterford Wedgwood plc and WWUSA affiliate trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Waterford Wedgwood plc, WWUSA or its affiliates.
All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WWUSA.
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LINKING
Limited Right to Link to the Site: Subject to the restrictions in this Agreement, including without limitation those in the License and Terms of Site Access section above, WWUSA grants to you a limited, nonexclusive right to create a hypertext link ("link") to the home page of this Site so long as your link does not portray WWUSA or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use a WWUSA design, logo, or other proprietary graphic, trademark, or registered trademark to link to this Site without the express written permission of WWUSA.
Third-Party Links: You may encounter links to this Site on third-party Web sites. WWUSA may also display on this Site links to third-party Web sites. In permitting (but only pursuant to the provisions above) or providing these links to you as a convenience, WWUSA in no way implies affiliation, endorsement, or adoption of any linked Web site, of the owner or operator of such a site, or of any content displayed on such a site. WWUSA does not control in any way such third-party Web sites. And WWUSA accepts no responsibility for-and otherwise makes no claim or representation regarding-the quality, content, or reliability of third-party Web sites or services accessible by link from this Site, or third-party Web sites linking to this Site. When leaving the WWUSA Site using a link, you should be aware that these Terms of Use and WWUSA's Privacy Policy no longer govern your use of or access to whichever Web site you may view. You should therefore review the terms of use and privacy practices and procedures of that Web site.
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SUBMISSIONS
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail to WWUSA or posting to the Site are non-confidential (provided that provision of your personal information is subject to WWUSA's Privacy Policy) and you grant WWUSA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in WWUSA's sole discretion and without compensation to you. You also grant to WWUSA the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against WWUSA for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and that the submission of any such materials to WWUSA, including the posting of materials to any forum or interactive area on the Site, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify WWUSA for all claims resulting from material you supply.
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PRODUCT AND SERVICE DESCRIPTIONS, PRICING, AND AVAILABILITY
With respect to its offering of information, products, and services on the Site, WWUSA attempts to be as accurate as possible. Nevertheless, WWUSA does not warrant that information, product or service descriptions, product availability, or other content of this site is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or cause that a product or service offered on the Site may be mispriced, described inaccurately, or unavailable. In the event WWUSA determines that a product or service is mispriced or described inaccurately, WWUSA reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order. You agree to notify WWUSA immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Site and comply with any corrective action taken by WWUSA.
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SHIPPING
For products ordered on this Site, WWUSA will ship only to U.S. addresses, excluding Puerto Rico, Guam, the U.S. Virgin Islands, U.S. post office box addresses, and APO addresses. Shipments to Alaska and Hawaii require Express Shipping. WWUSA reserves the right to impose a shipping surcharge for certain large items, as identified on their corresponding product pages. For further information on our shipping policies, please see the Shipping Options and Costs section of our Frequently Asked Questions page.
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RETURNS
For products ordered on this Site, WWUSA will provide to the purchaser a refund or exchange so long as the merchandise returned is new, unused, returned to WWUSA within 30 days of the date of purchase, and accompanied by a properly completed returns form (provided to the purchaser with any WWUSA product shipment). For gifts, WWUSA will provide to the gift recipient a gift certificate redeemable for products and services on Waterford.com so long as the merchandise returned is new, unused, and accompanied by a properly completed returns form, including the gift recipient's e-mail address. If the gift recipient fails to provide WWUSA with his or her e-mail address, the purchaser's account will be credited for the product returned. WWUSA requires a properly completed returns form and prepaid shipping charges or postage for any and all returns, and will accept and process returns only for purchases made using this Site. WWUSA undertakes no obligation to accept returns for products purchased on third-party Web sites or in a physical retail store, or to accept returns for personalized products, including but without limitation engraved WWUSA products. For more information about our returns policies, please see the Returns section of our Frequently Asked Questions page.
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FINANCIAL DISCLOSURES
Forward-Looking Statements: This Site, and any documents issued by WWUSA and available through this Site, may contain statements which constitute forward-looking statements bearing upon WWUSA's affiliate, Waterford Wedgwood plc. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results of WWUSA's affiliate, Waterford Wedgwood plc, to be materially different from those expressed in or implied by the forward-looking statements. The information contained in the most recent report to stockholders of Waterford Wedgwood plc and/or in other regulatory filings of Waterford Wedgwood plc identify important factors that could cause actual results to differ from those contemplated by forward-looking statements. Neither WWUSA nor Waterford Wedgwood plc undertakes any obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.
Press Releases: The information contained within press releases issued by WWUSA or its affiliates and posted on this Site should not be deemed accurate or current except as of the date the release was posted. WWUSA has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.
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DISCLAIMERS
"As Is" and "As Available" Basis: This Site and the materials contained therein are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, as to the operation of this Site or the information, content, materials, products or services included on this Site. You expressly agree that use of this Site, including all content, data or software distributed by, downloaded or accessed from or through this Site, is at your sole risk and responsibility.
Warranty Disclaimer: EXCEPT FOR SUCH EXPRESS WRITTEN AND PRODUCT-SPECIFIC WARRANTIES AS MAY BE MADE TO A PURCHASER, WWUSA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. WWUSA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. WWUSA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WWUSA ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WWUSA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER'S REQUIREMENTS.
WWUSA reserves the right to change any and all content contained on this Site at any time without notice. Reference to any non-WWUSA products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise is for information purposes only and does not constitute or imply endorsement, sponsorship or recommendation thereof by WWUSA.
Your Responsibility and Risk: It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, and other information provided on or through the Site or on the Internet generally.
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LIMITATION OF LIABILITY
IN NO EVENT SHALL WWUSA BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, INFORMATION, TRANSACTIONS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THE SITE, EVEN IF WWUSA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, WWUSA's liability is limited to the greatest extent permitted by law.
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INDEMNIFICATION
You agree to indemnify, defend and hold harmless WWUSA, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
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THIRD-PARTY RIGHTS
The provisions of the Product and Service Descriptions and Pricing, Disclaimers, Limitation of Liability, and Indemnification sections above are for the benefit of WWUSA and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
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APPLICABLE LAW, VENUE, AND LIMITATION OF ACTIONS
These terms and conditions shall be governed by and construed in accordance with the laws of the State of New Jersey without resort to its conflict of law provisions. Other than payment claims for goods delivered by WWUSA and retained by purchaser, any dispute between WWUSA and you arising out of or relating to this Agreement and Related Policies (including any claim under federal or state law) shall be settled by binding arbitration under the rules of the American Arbitration Association. Any disputes as to whether any claim or dispute is subject to arbitration shall also be settled by binding arbitration.
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TERMINATION
Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use the Site after this Agreement has been terminated. The sections of this Agreement entitled Copyright; Trademarks and Service Marks; Submissions; Disclaimers; Limitation of Liability; Indemnification; Third-Party Rights; Applicable Law, Venue, and Limitation of Actions; Termination; Severability; Enforceability and Admissibility; and Waiver, Modification, and Assignment shall survive any termination of this Agreement.
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SEVERABILITY
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
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ENFORCEABILITY AND ADMISSIBILITY
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
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WAIVER, MODIFICATION, AND ASSIGNMENT
WWUSA's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right thereof. Neither the course of conduct between the WWUSA and a user of this Site nor trade practice shall act to modify any provision of this Agreement. WWUSA may assign its rights and duties under this Agreement to any party at any time without notice to you.
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