When you access the Tuatha Web Site web site or send us e-mails you are communicating with us electronically. In doing so, you agree to receive electronic communications from us in the form of e-mails or by posted notices on this site. You further agree that all notices, agreements, disclosures, and any other form of communication that we provide to you electronically satisfies our legal obligation to provide this information in writing.
Site Access and License
The Tuatha Web Site grants you a limited license to access and make personal use of this site. This limited license does not grant you the right to download (other than page caching) or modify the site, or any portion of the site, except with prior written consent of the Tuatha Web Site. This license also 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 prior written consent of the Tuatha Web Site. This license does not grant you permission to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Tuatha Web Site and our affiliates without express written consent. You are not permitted to use any meta tags or any other \"hidden text\" utilizing the Tuatha Web Site's name or trademarks without prior written consent of the Tuatha Web Site. Any unauthorized use terminates the permission or license granted by the Tuatha Web Site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Tuatha Web Site so long as the link does not portray the Tuatha Web Site, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Tuatha Web Site logo or other proprietary graphic or trademark as part of the link without prior written permission.
In using this site you accept responsibility for maintaining the confidentiality of your account and password, for restricting access to your computer, and all activities that occur under your account or password. The Tuatha Web Site and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (hereafter referred to as Content), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our Web site may expose you to Content which you may find to be objectionable or offensive, and you assume all risk for viewing or using such Content. We shall not be held responsible in any way for the Content that appears on this Web site, and while we strive for accuracy, we shall not be held responsible for any error or omission.
You explicitly agree in using this Web site or any service provided, that you shall not:
- Provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, designed to or does interfere or interrupt this Web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
- Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
- Collect or harvest any data about other users;
- Provide or use this Web site and any Content or service in any commercial manner or any other form of unauthorized advertising without our prior written consent. Nor may this information be used in any manner that would involve junk mail, Spam, chain letters, pyramid schemes, or other forms of nuisance communication;
- Provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
Submission of Content on this Web Site
Where permitted, visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, threatening, defamatory, invasive of privacy, infringing on 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 fictitious e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Tuatha Web Site does not regularly review posted content but reserves the right, but is not obligated, to remove or edit such content,.
By providing any Content to our Web site:
- you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
- you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
- you acknowledge and agree that we shall have the right (but not obligation), at our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
The Tuatha Web Site endeavors to be as accurate as possible; however, the Tuatha Web Site does not warrant that the content on this site is accurate, complete, reliable, current, or error-free.
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 Tuatha Web Site or its content suppliers and protected by U.S. and international copyright laws. The compilation of all content on this site is the exclusive property of the Tuatha Web Site and protected by U.S. and international copyright laws. All software used on this site is the property of the Tuatha Web Site or its software suppliers and protected by U.S. and international copyright laws.
Tuatha Web Site, and other marks indicated on our site are registered trademarks of Tuatha Web Site or its subsidiaries, in the United States and other countries. This includes Tuatha Web Site graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of the Tuatha Web Site or its subsidiaries. The Tuatha Web Site's trademarks and trade dress may not be used in connection with any product or service that is not the Tuatha Web Site's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Tuatha Web Site. All other trademarks not owned by Tuatha Web Site 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 Tuatha Web Site or its subsidiaries.
The Tuatha Web Site Web site and services provided to you on and through the Web site are offered on an AS IS basis. You agree that the owners of this Web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this Web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of
- the use of or the inability to use the service,
- unauthorized access to or alteration of your data transmissions,
- statements or conduct of any third party on the service, or
- any other matter relating to the service.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
Reservation of Rights
We reserve all of our rights, including but, not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our Web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our Web site or service without our prior written consent.
Disclaimers of Warranties
You understand and agree that your use of this Web site and any services or content provided (the service) is made available and provided to you at your own risk. We expressly disclaim all warranties of any kind, implied or expressed, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement.
While we make every effort to protect our users, we make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
Any dispute relating in any way to your visit to the Tuatha Web Site or to products you purchase through the Tuatha Web Site shall be submitted to confidential arbitration in Denver, Colorado, except that, to the extent you have in any manner violated or threatened to violate the Tuatha Web Site's intellectual property rights, the Tuatha Web Site may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado, 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 arbitrator's 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.
- You agree that without regard to any statue or contrary law that any claim or cause arising out of this Web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
If you have any questions, comments, or suggestions about these Legal Notices, please contact us.