The following terms and conditions (the “Terms and Conditions”) govern your use of the Charlotte Moss Web Site located at www.charlottemoss.com (the “Site” or “Web Site”). The Site is made available by Charlotte Moss & Company (“Charlotte Moss” or “we” or “us”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
1. Proprietary Rights. As between you and Charlotte Moss, Charlotte Moss owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site.
2. Limited License. You may access and view the content on the Site on your computer or other internet compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. The Site and the services offered on or through the Site, including any content and materials thereon, are only for your personal, non-commercial use.
3. Orders for Products and Services. We may make certain products available to visitors and registrants of the Site. You may only order products if, and you hereby represent and warrant that, you are domiciled in the United States and you are at least 18 years old. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Charlotte Moss. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
4. Prohibited Use. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of Charlotte Moss or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Charlotte Moss will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
5. Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited. Charlotte Moss will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
8. Prohibited User Conduct. You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from Charlotte Moss or otherwise through the Web Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Web Site. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Web Site or the Web Site’s services or features in violation of Charlotte Moss’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Site or the Site’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
9. Linking to the Web Site. You agree that if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
10. Third Party Web Sites. The Web Site may include links to third party web sites and third party web sites may link to the Web Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Also, Charlotte Moss is not responsible for webcasting or any other form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
11. Indemnification. You agree to defend, indemnify and hold Charlotte Moss and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. Charlotte Moss reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Charlotte Moss’s defense of such claim.
12. Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Charlotte Moss’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright agent: Charlotte Moss, LLC
Name of Designated Copyright Agent: Chief Operating Officer
Mailing Address: 24 East 71st Street, Suite 3N, New York, NY 10021
Voice: (212) 308-7088
Fax: (212) 308-3320
13. DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CHARLOTTE MOSS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, CHARLOTTE MOSS AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH CHARLOTTE MOSS OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY CHARLOTTE MOSS “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND CHARLOTTE MOSS OR ITS LICENSOR OR SUPPLIER.
14. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CHARLOTTE MOSS, ANY MEMBER OF THE CHARLOTTE MOSS FAMILY, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO CHARLOTTE MOSS FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.
15. Applicable Laws. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
16. Termination. Charlotte Moss may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. Charlotte Moss may restrict, suspend or terminate your access to the Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. Charlotte Moss maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
18. Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
Right to Opt Out
You have the right to “opt-out” of certain of our uses of your Personal Information. For example, at the time you are requested to provide Personal Information on this Web site, you may have the opportunity to elect to, or not to receive correspondence from us. You may also make this request by sending an e-mail to firstname.lastname@example.org. In this e-mail, please say whether: (i) you would like to opt-out of receiving promotional correspondence from Charlotte Moss in general, or just via e-mail, postal mail, short message service, instant messaging, and/or by phone and/or (ii) you would only like to opt-out of certain of Charlotte Moss’s e-newsletters or correspondence, and if so which ones. You may also opt-out of Charlotte Moss’s promotional e-mails by clicking on an opt-out link within the e-mail you receive.
Please understand that if you opt-out of receiving correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.
What Information is Collected on this Web site?
We collect Personal Information from users of our Web site, for example, through such users’ activities, transactions and completion of online forms on our Web site. Such information is collected, for example, when users register or subscribe for features on our Web site, make online purchases, enter sweepstakes and contests, complete surveys, submit a comment or question to us using a “contact us” or similar feature on our Web site, send us an e-mail, or in any other way submit Personal information to us via our Web site.
Web site Usage Information
We may use “cookies” to keep, and sometimes track, information about you. Cookies are small data files that are sent to your browser or related software from a Web server and stored on your computer’s hard drive. Cookies track where you travel on our Web site and what you look at and purchase. They may store the information in your shopping cart, and/or your username and/or password. A cookie may enable us to relate your use of our Web site to other information about you, including your Personal Information. All of these purposes serve to improve and personalize your experience on our Web site.
Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Additionally, if you have a Flash player installed on our computer, your Flash player can be set to reject or delete Flash cookies. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Web site or certain areas or features of the Web site.
Our server automatically collects data about your server’s Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your Internet service provider whenever you’re on the Internet. When you request pages from our Web site, our servers may log your IP Address and sometimes your domain name. We use this information for internal system administration, to help diagnose problems with our server, and to administer our Web site. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information.
Any or all of these activities with regard to Web Site Usage Information may be performed on our behalf by our services providers.
How is the Personal Information used?
We will use the Personal Information you provide to our Web site, for example, to respond to your requests and to provide you with our product and service offerings. For example, we will process your orders, respond to your requests and inquiries and provide you with the services and features offered on or through our Web site. We may also use your Personal Information to maintain our internal record keeping. We may also report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may match information collected from you through different means or at different times, including both Personal Information and Web Site Usage Information, and use such information along with information obtained from other sources, including third parties. In addition, we may send you notices (for example, in the form of e-mails, mailings, and the like), and otherwise correspond with you, about products, services, companies and events, sponsored by us and others, that we think might interest you. You may opt-out of receiving such notices from us by following the instructions in the Right to Opt Out section above.
We may analyze user behavior as a measure of interest in, and use of, our Web site and e-mails, both on an individual basis and in the aggregate.
Do we share Personal Information and Web site Usage information with others?
Co-sponsored Contests, Sweepstakes and Offerings
Some of our contests, sweepstakes and other offerings may be co-sponsored by another Charlotte Moss. In those situations, the information we obtain from you in connection with such contest, sweepstake or offering may be shared with our co-sponsor, unless you instruct us not to by following the instructions in the Right to Opt Out section above. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies. We are not responsible for how our co-sponsors may use your information.
We may use third party partners to help operate our Web site and deliver our products and services, and may share your information with our affiliates, service providers and other third parties that provide products or services for or through this Web site or for our business (such as Web site or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf).
We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our Web site and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.
Legally Compelled Disclosures
We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Web site, or anyone else that could be harmed by such activities.
In the event that Charlotte Moss, any entity of The Charlotte Moss Family, or substantially all of its assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets.
Third Party Ad Servers
We may use third-party advertising companies to serve ads when you visit our Web site. If so, a list of these ad serving companies will be available. These companies may use information (generally not including your name, address email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. These companies may employ cookies and clear gifs to measure advertising effectiveness. Any information that these third parties collect via cookies and clear gifs is generally not personally identifiable (unless, for example, you provide personally identifiable information to them through an ad or e-mail message). We encourage you to read these businesses’ privacy policies if you should have any concerns about how they will care for your Personal Information. If you would like more information about this practice and to know your choices about not having this information used by these companies, see the Network Advertising Initiative’s consumer Web site at http://www.networkadvertising.org/consumer/.
If the email address you provide to us is a wireless email address, you agree to receive messages at such address from Charlotte Moss, the rest of The Charlotte Moss Family (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt Out section above). You understand that your wireless carrier’s standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the Right to Opt Out section above. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
Your Access Rights
You may review the Personal Information that is stored on this Web site by e-mailing email@example.com. We will send you a copy of the Personal Information we have on file in your user account (if any). You may send us new or updated information at any time. We will endeavor to respond to your request to access, update or delete your information as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.
Charlotte Moss will take reasonable steps to protect the security and integrity of all Personal Information provided to this Web site. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.
If you contact us by e-mail, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.
We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at firstname.lastname@example.org with the alternative contact information you wish to be used.
With identity theft a continuing problem, it has become increasingly common for unauthorized individuals to send e-mail messages to consumers, purporting to represent a legitimate Charlotte Moss such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the web site requesting such information, appears to be the domain name of a legitimate, trusted Charlotte Moss. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity has come to be known as “phishing.”
If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your Site password or credit card information) via e-mail or to a web site that does not seem to be affiliated with our Web site, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us at email@example.com.
Consent to Processing
By providing Personal Information to this Web site, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.
Third Party “Linked-To” Web Sites
If you have any questions or comments regarding our privacy practices, you may contact us at firstname.lastname@example.org.
Effective Date: May 24, 2007