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| Conditions of Use |
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| Electronic Communications |
| When you visit Midland Fancy Dress or send e-mails to us,
you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you
by e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications
be in writing. |
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| Copyright |
| All content included on this site, such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data
compilations, and software, is the property of Midland Fancy Dress or its
content suppliers and protected by United States and international
copyright laws. The compilation of all content on this site is the
exclusive property of Midland Fancy Dress, with copyright authorship for
this collection by Midland Fancy Dress, and protected by U.S. and international
copyright laws. The software application provider and author for "osCommerce",
is used under the GNU GENERAL PUBLIC LICENSE and all original authorship
and credit for osCommerce remains the intellectual rights of www.oscommerce.com. |
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| Trademarks |
| Midland Fancy Dresss trademarks and trade dress may not be
used in connection with any product or service that is not Midland Fancy Dresss, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Midland Fancy Dress. All
other trademarks not owned by Midland Fancy Dress or its subsidiaries 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 Midland Fancy Dress or its subsidiaries. |
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| License and Site Access |
| Midland Fancy Dress grants you a limited license to access
and make personal use of this site and not to download (other than
page caching) or modify it, or any portion of it, except with express
written consent of Midland Fancy Dress. This license does not include any
resale or commercial use of this site or its contents: any collection
and use of any product listings, descriptions, or prices: any derivative
use of this site or its contents: any downloading or copying of account
information for the benefit of another merchant: or any use of data
mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of Midland Fancy Dress. You may
not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page
layout, or form) of Midland Fancy Dress and our associates without express
written consent. You may not use any meta tags or any other ":hidden
text": utilizing Midland Fancy Dresss name or trademarks without the
express written consent of Midland Fancy Dress. Any unauthorized use terminates
the permission or license granted by Midland Fancy Dress. You are granted
a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of Midland Fancy Dress so long as the link does not portray
Midland Fancy Dress, its associates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You
may not use any Midland Fancy Dress logo or other proprietary graphic or
trademark as part of the link without express written permission. |
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| Your Membership Account |
| If you use this site, you are responsible for maintaining
the confidentiality of your account 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. If you are
under 18, you may use our website only with involvement of a parent
or guardian. Midland Fancy Dress and its associates reserve the right to
refuse service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion. |
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| Reviews, Comments, Emails and Other Content |
| Visitors may post reviews, comments, and other content:
and submit suggestions, ideas, comments, questions, or other information,
so long as the content is not illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not
consist of or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of ":spam.":
You may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of a card or other content.
Midland Fancy Dress reserves the right (but not the obligation) to remove
or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate
otherwise, you grant Midland Fancy Dress and its associates 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 content throughout the
world in any media. You grant Midland Fancy Dress and its associates and
sublicensees the right to use the name that you submit in connection
with such content, if they choose. You represent and warrant that
you own or otherwise control all of the rights to the content that
you post: that the content is accurate: that use of the content
you supply does not violate this policy and will not cause injury
to any person or entity: and that you will indemnify Midland Fancy Dress
or its associates for all claims resulting from content you supply.
Midland Fancy Dress has the right but not the obligation to monitor and
edit or remove any activity or content. Midland Fancy Dress takes no responsibility
and assumes no liability for any content posted by you or any third
party.
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| Risk of Loss |
| All items purchased from Midland Fancy Dress are made pursuant
to a shipment contract. This basically means that the risk of loss
and title for such items pass to you upon our delivery to the carrier. |
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| Product Descriptions |
| Midland Fancy Dress and its associates attempt to be as accurate
as possible. However, Midland Fancy Dress does not warrant that product
descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by Midland Fancy Dress itself is not as described, your sole remedy is to return it
in unused condition. |
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| Disclaimer of Warranties and Limitation of Liability |
| THIS SITE IS PROVIDED BY Midland Fancy Dress ON AN ":AS
IS": AND ":AS AVAILABLE": BASIS. Midland Fancy Dress 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. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, Midland Fancy Dress DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Midland Fancy Dress
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
Midland Fancy Dress ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Midland Fancy Dress WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS
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| Applicable Law |
| By visiting Midland Fancy Dress, you agree that the laws
of the state of UK, without regard to principles of conflict of laws,
will govern these Conditions of Use and any dispute of any sort that
might arise between you and Midland Fancy Dress or its associates. |
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| Disputes |
| Any dispute relating in any way to your visit to Midland Fancy Dress or to products you purchase through Midland Fancy Dress shall be submitted
to confidential arbitration in UK, except that, to the extent you
have in any manner violated or threatened to violate Midland Fancy Dresss
intellectual property rights, Midland Fancy Dress may seek injunctive or
other appropriate relief in any state or federal court in the state
of UK, and you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this agreement shall be conducted under
the rules then prevailing of the American Arbitration Association.
The arbitrators award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined
to an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise. |
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| Site Policies, Modification and Severability |
| Please review our other policies, such as our Shipping
and Returns policy, posted on this site. These policies also govern
your visit to Midland Fancy Dress. We reserve the right to make changes
to our site, policies, and these Conditions of Use at any time. If
any of these conditions shall be deemed invalid, void, or for any
reason unenforceable, that condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining
condition. |
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| Questions |
Questions regarding our Conditions of Usage, Privacy
Policy, or other policy related material can be directed to our support
staff by clicking on the "Contact Us" link in the side menu.
Email us at: midlandflags@midlandimports.com
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