HAVEN TERMS & CONDITIONS
The terms of this Agreement and any policies or documents to which a link is provided in them (collectively “Terms”) is a binding agreement between you (“You”) and Maison Haven LLC (“Haven, “Our,” “We,” “Us,”) which governs your use of www.maisonhaven.com and all information, content, services and products made available to you by Haven (collectively the “Website”).
Please read this Agreement carefully prior to using the Website. Please note that your use of the Website constitutes your Agreement to be bound by the Terms.
1. WEBSITE USER RESTRICTIONS
i. You agree that any information you provide on the Website is not misleading, true and accurate in all respects and you will notify Haven of any changes to that information.
ii. We may change, withdraw, or suspend access to the Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
iv. Haven may deny you access to the Website for publication at any time in its sole discretion. Examples of when we may deny you access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
v. Haven will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website and you hereby agree to be responsible to Haven for and indemnify, defend and hold harmless Haven and keep Haven indemnified against all costs, damages, expenses, losses and liabilities (including reasonable attorney’s fees) incurred and/or suffered by Haven as a result of any claim in respect of your use of the Website or any activity related to your account by you or any person other than Haven.
vi. Haven has the right to remove any material or posting you make on the Website in Haven’s sole discretion.
vii. The Website is not directed toward children under the age of 13. If you are under the age of 13, you are not permitted to use the Website.
2. INTELLECTUAL PROPERTY
i. The Website and all content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Website
(the “Content”), is either owned or licensed by Haven, and is protected by applicable copyright laws and other intellectual property laws and treaties around the world. All such rights are reserved. In some cases, Haven derives its right to use Content offered on the Website from a third party content owner (“Content Provider”) for a designated period of time.
ii. The “Haven” trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on the Website whether registered or not (the “Trade Marks”), are and remain the exclusive property of Haven and/or its Content Providers and are protected by applicable trade mark laws, regulations, directives, rules, and treaties around the world. All such rights are reserved.
iii. All other intellectual property rights (including, without limitation, registered or unregistered designs, copyrights, trademarks, patents, service marks, logos, trade dress, trade names, trade secrets, inventions, know-how, and moral rights) in or related to the Website, the products depicted and/or available on the Website and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Website (the “Intellectual Property Rights”) are and shall remain the exclusive property of Haven and/or its Content Providers and such Intellectual Property Rights are protected by applicable intellectual property laws, regulations, directives and treaties around the world. All such rights are reserved.
3. LIMITED LICENCE
i. Subject to the terms herein, we grant you a revocable, non-sublicensable, non-transferrable, non-assignable, and non-exclusive limited licence to access and make personal use of the Website limited such that it does not include the right to:
a. use the Website in any way which may prejudice or damage the reputation of Haven;
b. use the Website for any commercial or business purposes. The Website are for your personal use only;
c. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure and/or in any way circumvent the navigational structure or presentation of Website;
d. frame or mirror any part of the website without consent or engage in spamming or flooding;
e. remove any copyright, trademark or other proprietary rights notices contained on the Website or in the Content;
f. harvest or collect information about the Website visitors or members without their express consent;
g. cache, upload, post, or transmit any content that you do not have a right to make available (such as the intellectual property of another party);
h. sub-license, sell, reverse engineer, decompile or disassemble any portion of the Website or Content;
i. bypass any measures used by us to prevent or restrict access to the Website.
ii. You must retain all intellectual property and other proprietary or restrictive notices to the extent they appear on downloaded, transmitted, and copied Content, and any such downloads, transmissions, or copies are subject to these Terms. As between Haven and you, the Content and the Website shall remain the property of Haven. Use, transmission, or downloading of the Content is conditioned on these Terms. By acquiring, transmitting, or using the Content or using the Website, you agree to such Terms. You may not download, copy, transmit, or use any of the Content or the Website except as expressly authorized by these Terms and, in any event, you may not distribute, modify, copy, adapt, transmit, publish, publicly display or sell, license, or create derivative works of the Content or the Website other than in accordance with these Terms or as expressly indicated in writing by Haven or on the Website.
iii. Haven may terminate such limited licence set forth in this section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever or for any breach of these Terms.
i. HAVEN endeavours to ensure that the information posted by it on the Website is accurate and complete. Haven does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, Haven does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful. Haven recommends that all users of the Internet ensure they have up to date virus checking software installed.
ii. We reserve the right to limit the availability of the Website and/or the provision of any Content, service, program, video or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, video or other product that we provide.
5. USER GENERATED CONTENT
i. Haven may, at its discretion, offer features that allow users to submit or post content including without limitation photos, videos, articles, comments, audio files and any other content whether copyrightable or not (“User Generated Content”). You represent and agree that all User Generated Content shall be your sole responsibility, shall not infringe the rights of another party or violate any laws or otherwise be objectionable, and further that you have obtained all necessary rights, licenses and/or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any User Generated Content or links on the Website.
ii. You retain any rights that you may have in your User Generated Content submitted or posted on through or in connection with the Website, subject to the limited license herein. By submitting or posting any User Generated Content on, through or in connection with the Website, you hereby grant Haven a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Generated Content fully- paid and royalty free in all forms and formats of media now know or in the future created, including, without limitation, distributing part or all of the Website and any User Generated Content included therein. You agree to a waiver of any”moral rights,” or any similar rights to any User Generated Content under any jurisdiction.
6. EXCLUSION OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAVEN DISCLAIMS AND EXCLUDES ALL OTHER TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES IN RELATION TO THE WEBSITE, CONTENT, USER GENERATED CONTENT, PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, TITLE, OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE OR COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
THE WEBSITE AND THE CONTENT IS PROVIDED AS IS, AS AVAILABLE WITH ALL FAULTS. HAVEN DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE OR THE SERVCES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE WEBSITE ARE HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, CONTENT, AND THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF HAVEN OR HAVEN’S SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITE AND ANY CONTENT PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.
7. LIMITATIONS OF LIABILITY
NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY: (I) FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) FOR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW. IN NO EVENT SHALL HAVEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT HAVEN SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
i. You agree to defend, indemnify and hold Haven harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon: (a) your breach of, or failure to comply with, the terms and conditions of this Agreement; and/or (b) your use of the Website. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
9. DATA PROTECTION
10. AMENDMENTS TO THESE TERMS
11. EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and not affect the enforceability of any of the other provisions of these Terms.
13. GOVERNING LAW AND JURISDICTION
These Terms supersede any other prior versions of these Terms between you and Haven. These Terms are governed by and construed in accordance with the laws of the State of Connecticut, without regard to the principles of conflicts of laws. The Website shall be deemed a passive website that does not give rise to personal jurisdiction over Haven, either specific or general, in jurisdictions other than Connecticut.
14. ENTIRE AGREEMENT
i. These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
ii. We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representations”) of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
iii. You agree that the only rights and remedies available to you arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
15. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e- mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section does not affect your statutory rights.
i. All notices given by you to us must be sent to Haven at email@example.com and firstname.lastname@example.org.
ii. If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
iii. A waiver by us of any default shall not constitute a waiver of any subsequent default.
17. CLAIMS OF COPYRIGHT INFRINGEMENT UNDER US LAW
i. Haven respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Haven will respond expeditiously to claims of copyright infringement committed using the Website that are properly reported pursuant to this Agreement.
ii. If you believe that your, or a third party’s, work has been copied in a way that constitutes infringement on the Website, you may send us a copyright infringement notice requesting that the content be removed. The notice must include: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located in the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Haven to locate the material on the Website; (d) the name, address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (g) your address, telephone number and email address. Please send your copyright notice to: email@example.com
iii. Please consult your legal advisor before filing a notice as there can be penalties for false claims.
18. NOTICE REQUIRED BY CALIFORNIA LAW
i. Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: The name of the provider of the Website is Maison Haven LLC.
ii. Complaints regarding the Website or Content or requests to receive further information regarding use of the Website or Content may be sent to the above address or to firstname.lastname@example.org. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834.