PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are
subject to the following terms and conditions and other applicable law.
If you do not agree to these terms and conditions, please do not use
this site.
Copyright
Copyright 2003, February Won, Inc., doing business as Feburary Won, Inc. (and hereinafter referred to as Feburary Won, Inc.) ALL RIGHTS RESERVED.
The entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of
Feburary Won, Inc.. The collective work includes works that are
licensed to Feburary Won, Inc.. Permission is granted to
electronically copy and print hard copy portions of this site for the
sole purpose of placing an order with Feburary Won, Inc. or purchasing
Feburary Won, Inc. products. You may display and, subject to any
expressly stated restrictions or limitations relating to specific
material, download or print portions of the material from the different
areas of the site solely for your own non-commercial use, or to place
an order with Feburary Won, Inc. or to purchase Feburary Won, Inc.
products. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is
strictly prohibited, unless authorized by Feburary Won, Inc.. You
further agree not to change or delete any proprietary notices from
materials downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of Feburary Won, Inc. used
in the site are trademarks or registered trademarks of
Feburary Won, Inc..
Warranty Disclaimer
This
site and the materials and products on this site are provided �as is�
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law,
Feburary Won, Inc. disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement.
Feburary Won, Inc. does not represent or warrant that the functions
contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes
the site available are free of viruses or other harmful components.
Feburary Won, Inc. does not make any warranties or representations
regarding the use of the materials in this site in terms of their
correctness, accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
Limitation of Liability
Feburary Won, Inc.
shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Feburary Won, Inc.
has been advised of the possibility of such damages. Applicable law may
not allow the limitation of exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not
apply to you.
Typographical Errors
In
the event that a Feburary Won, Inc. product is mistakenly listed at an
incorrect price, Feburary Won, Inc. reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price.
Feburary Won, Inc. reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, Feburary Won, Inc. shall issue a credit
to your credit card account in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by
Feburary Won, Inc. without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice
Feburary Won, Inc.
may deliver notice to you by means of e-mail, a general notice on the
site, or by other reliable method to the address you have provided to
Feburary Won, Inc..
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and venue
in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of
Feburary Won, Inc. products) shall be in the state or federal courts
located in Los Angeles County, California. Any cause of action or claim
you may have with respect to the site (including but not limited to the
purchase of Feburary Won, Inc. products) must be commenced within one
(1) year after the claim or cause of action arises.
Feburary Won, Inc.�s failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
of these terms and conditions. Feburary Won, Inc. may assign its
rights and duties under this Agreement to any party at any time without
notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Feburary Won, Inc. or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute,
or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer
Feburary Won, Inc.
does not and cannot review all communications and materials posted to
or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, Feburary Won, Inc. is
merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, Feburary Won, Inc. reserves the right
to block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Feburary Won, Inc. in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless Feburary Won, Inc., its
officers, directors, employees, agents, licensors and suppliers
(collectively the Service Providers) from and against all losses,
expenses, damages and costs, including reasonable attorneys fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In
an attempt to provide increased value to our visitors,
Feburary Won, Inc. may link to sites operated by third parties.
However, even if the third party is affiliated with
Feburary Won, Inc., Feburary Won, Inc. has no control over these
linked sites, all of which have separate privacy and data collection
practices, independent of Feburary Won, Inc.. These linked sites are
only for your convenience and therefore you access them at your own
risk. Nonetheless, Feburary Won, Inc. seeks to protect the integrity
of its web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).
