TERMS
AND CONDITIONS OF USE
TERMS
AND CONDITIONS OF USE
Welcome to the Mole.com Web Site ("the Site") The
following basic terms govern your use of and purchase of products
from our Site. By using this Site you agree to these terms.
Please read them carefully.
General
We may from time to time change the terms that govern your
use of our Site. By using our Site after those changes are
made, you agree to follow and be bound by the terms as changed.
We may change, move, add to or delete portions of our Site
from time to time.
Privacy
And Other Policies
Please review our other policies, such as our Privacy
Statement. Each such policy also applies to your use
of this Site, and your use of this Site constitutes your consent
to these policies.
Ownership
Of Intellectual Property
All materials that appear on this Site, including all text,
page headers, names, images, graphics, logos, designs, icons,
scripts, photographs, animation, video clips, music, sounds,
audio clips, digital downloads, data compilations, software,
and other materials (collectively, "the Materials")
are the copyrights, trademarks, trade dress and/or other intellectual
properties owned, controlled or licensed by Mole-Richardson
Company ("Mole-Richardson") or its content suppliers.
The Site
as a whole, including the compilation of all content, is the
exclusive property of Mole-Richardson and is protected by
United States and international copyright laws. © 1995
through 2002, Mole-Richardson Company. The unauthorized use
of any copyrighted Materials that appear on this Site is strictly
prohibited. ALL RIGHTS RESERVED.
MOLE®,
MOLE-RICHARDSON®, MOLETOWN®, MR®, STUDIO DEPOT®,
StudioDeot.com®, THEATRE DEPOT®, YOUR PRODUCTION PORTAL®
and all other Mole-Richardson trademarks that appear on this
Site are the registered trademarks of Mole-Richardson. All
trademarks not owned by Mole-Richardson that appear on this
Site are the property of their respective owners, who may
or may not be affiliated with, connected to, or sponsored
by Mole-Richardson. The unauthorized use of any trademark
or trade dress displayed on this Site is strictly prohibited.
ALL RIGHTS RESERVED.
User
Eligibility And Account
You must be at least 18 years of age to submit personal information
or purchase a product from this Site. If you use this Site,
you are responsible for maintaining the confidentiality of
your account and for restricting access to your computer,
and you agree to accept responsibility for all activities
that occur under your account or password. Mole-Richardson
reserves the right to refuse service, terminate accounts,
or cancel orders in our sole discretion.
License
And Prohibited Uses
You may use this Site only as intended by Mole-Richardson.
Provided that you fully comply with these Terms of Use, Mole-Richardson
grants you a non-exclusive, non-transferable, limited right
to access, use, and display this Site and the Materials hereon.
You agree not to engage in any of the following activities:
o Interrupt or attempt to interrupt the operation of the Site
in any way;
o Advertise or solicit on the Site without Mole-Richardson's
express written permission;
o Use this Site for junk mail or spamming;
o Use this Site for any illegal purpose or activities;
o Publish through the Site any material that is illegal, obscene,
offensive, threatening, pornographic or otherwise injurious
to third parties or objectionable;
o Conduct any activity that infringes the rights of third
parties;
o Collect any information on or about other Users;
o Impersonate any person or entity or communicate under a
false name or e-mail address; or
o Restrict or inhibit any other User from using or enjoying
this Site.
The Materials on this Site, and the Site as a whole, are intended
solely for personal, non-commercial use (other than for the
purchase of merchandise from our Site) by the users of this
Site. You may download or copy the downloadable Materials
displayed on the Site for your personal non-commercial use
only. Except as expressly provided herein, Mole-Richardson
does not grant any express or implied right to you under any
trademarks or copyrights. This authorization is not a transfer
of right, title, or interest to or in the Materials or software
or copies thereof, and is subject to the following restrictions:
o You must retain, on all copies of the Materials downloaded,
all copyright, trademark and other proprietary notices contained
in the Materials;
o You may not modify, create derivative works from, sell or
participate in any sale of or exploit in any way, in whole
or in part, or reproduce, publish, transmit or display, perform,
or distribute or otherwise use for any public or commercial
purpose any of the Materials, the Site, or any related software;
and
o You must not transfer the Materials to any other person
unless you give them notice of, and they agree to accept,
the obligations arising under these terms and conditions of
use.
Responsibility For Communications/Content
You are solely responsible for the content of any submissions
you make to the Site or materials you add to the Site. Mole-Richardson
reserves the right to monitor, edit, remove or take other
appropriate action with respect to material transmitted on
the Site which Mole-Richardson, in its sole discretion, deems
objectionable; however Mole-Richardson has no obligation to
monitor the Site and is not responsible for the content of
any material transmitted on the Site. All persons are hereby
notified that use of this Site constitutes consent to such
actions, monitoring and editing. If you do post content or
submit material, you agree that Mole-Richardson reserves the
non-exclusive, royalty-free, irrevocable and fully sublicensable
right and license to use in whole or in part, any such materials.
You warrant and represent that you own or otherwise control
all of the rights to the content that you post, that use of
the content you supply does not violate the terms of use and
will not cause injury to any person or entity, that such information
and materials are accurate, that neither Mole-Richardson nor
any of its affiliated companies will be liable for any costs,
expenses or other damages resulting from any claims arising
or relating to such submissions, and that you will indemnify
Mole-Richardson and its affiliated companies for the same.
Mole-Richardson takes no responsibility and assumes no liability
for any content posted by you or any third party.
Your
Submissions
You agree that Mole-Richardson may use and/or disclose information
about your demographics and use of the Site in any manner
that does not reveal your identity. By participating in Site
sweepstakes, contests or promotions and/or requesting promotional
information or product updates, you agree that Mole-Richardson
may use your information for marketing and promotional purposes.
Communications
To You
You agree that Mole-Richardson may send electronic mail or
other communications to you for the purpose of advising you
of changes or additions to this Site, about any of Mole-Richardson's
products or services, or for such other purposes as Mole-Richardson
deems appropriate.
Links
To Other Web Sites And Services
To the extent that this Site contains links to outside services
and resources, the availability and content of which Mole-Richardson
does not control, any concerns regarding any such service
or resource, or any link thereto, should be directed to the
particular outside service or resource. Mole-Richardson is
not responsible for and does not assume any liability for
the actions, products, or content of such outside services
and resources.
Disclaimers
And Limitation Of Liability
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW:
o THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN
"AS IS," "AS AVAILABLE" BASIS. MOLE-RICHARDSON
CO. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
o MOLE-RICHARDSON DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
o MOLE-RICHARDSON DOES NOT WARRANT OR REPRESENT THAT THIS
SITE, ITS SERVERS OR ANY E-MAIL SENT FROM THIS SITE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND DOES NOT MAKE
ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE
FUNCTIONALITY OF ANY SOFTWARE DOWNLOADED FROM THIS SITE. YOU
ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM
YOUR USE OF THIS SITE INCLUDING FULL RESPONSIBILITY FOR ALL
COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF
ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE.
o WITHOUT LIMITING THE FOREGOING, MOLE-RICHARDSON MAKES NO
WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT
ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR
ERROR FREE. IN NO EVENT WILL MOLE-RICHARDSON BE LIABLE FOR
THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION ON
THE SITE, OR FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES.
o MOLE-RICHARDSON SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT
LIMITED TO ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
AND PUNITIVE DAMAGES.
o SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE
ABOVE DISCLAIMERS, LIMITATIONS AND EXCLUSIONS MAY NOT APPLY
TO YOU.
Product Information
The prices displayed at the Site are quoted in U.S. Dollars
and are valid and effective only in the United States. We
have made every effort to accurately describe the Products
offered for sale on the Site. However, we make no warranty
or representation that descriptions of products on this Site
are accurate, complete, or reliable.
Indemnification
You agree to defend, indemnify and hold Mole-Richardson harmless
from and against any and all claims, damages, costs and expenses,
including attorneys' fees, arising from or related to your
use of the Site.
Security
Mole-Richardson uses encryption technology to guard the security
of electronic communications, but cannot guarantee complete
security.
Applicable
Law And Disputes
This Site is operated and controlled by Mole-Richardson from
its offices in Los Angeles, California. By visiting this Site,
you agree that the laws of the State of California, without
regard to any conflict of law provisions, will govern these
Terms of Use and any dispute of any sort that might arise
between you and Mole-Richardson. You consent to exclusive
jurisdiction and venue in any state or federal court in the
State of California, County of Los Angeles and/or the Central
District of California.
Modification
And Severability
Mole-Richardson reserves the right to modify, amend, or otherwise
change these Terms of Use, our policies, and our Site at any
time. If any provision of these Terms of Use or any other
policies of Mole-Richardson found on this Site is held invalid
or unenforceable in whole or in part by competent authorities
in any jurisdiction, such provision shall, as to such jurisdiction
only, be deemed severable and ineffective to the extent of
such invalidity or unenforceability and shall not affect the
validity or enforceability of any remaining provisions.
Termination
Mole-Richardson reserves the right to terminate or suspend
your access to all or any part of this Site without notice
at any time for any reason.
Acceptance
Of These Terms
By using this Site, you agree to our Terms of Use. If you
have questions about our Terms of Use, practices of this Site,
or your dealings with this Site, please contact:
John Parker
Mole-Richardson Co.
937 N. Sycamore Avenue
Hollywood, CA 90038
info@Mole.com
