The www.retailholdings.com website including any sub-site accessible through the homepage (the "Site") is published and maintained by RETAIL HOLDINGS N.V. and its affiliates and related entities (hereinafter referred to as "Retail Holdings ", "we", "our" or "us") subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. RETAIL HOLDINGS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Trademarks and License
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Retail Holdings, its affiliates, related entities or other third party licensors. There are a number of proprietary logos, service marks and trademarks found on this Site. By making them available on this Site, Retail Holdings does not grant you any license to utilize such proprietary logos, service marks or trademarks. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, IMAGES, AUDIO, VIDEO, CODE AND/OR SOFTWARE ("CONTENT"). You cannot use the content except as specified herein. Any unauthorized use of the Content may violate trademark laws, copyright laws, privacy and publicity laws and civil and criminal statutes. You may print and download portions of the Content from the different areas of the Site solely for your own non-commercial use, provided that you agree not to change or delete any copyright or proprietary notices from the Content. As long as you comply with the terms of these Terms and Conditions of Use and provided you agree not to interrupt or attempt to interrupt the operation of this Site in any way, Retail Holdings grants you a non-exclusive, non-transferable, limited right to enter, display and use this Site.
2. User Supplied Material
Any communications or materials submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by Retail Holdings anywhere in the world, in any medium, forever. Furthermore, Retail Holdings is free to use, without any compensation to you, any concepts, ideas, know-how, or technique contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you agree and understand that Retail Holdings is not obligated to use any such ideas or materials, and you have no rights to compel such use.
3. Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by Retail Holdings , Retail Holdings does not operate, control or endorse any information, products or services on the Internet in any way. Except for Retail Holdings - identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Retail Holdings. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. RETAIL HOLDINGS PROVIDES THE SITE AND RELATED INFORMATION (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR CONTENT MADE AVAILABLE OR PUBLISHED ON THE SITE. RETAIL HOLDINGS DOES NOT WARRANT THAT THE SERVER THAT MAKES THIS SITE AVAILABLE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF VIRUSES OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. RETAIL HOLDINGS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
4. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO, RETAIL HOLDINGS’ NEGLIGENCE, WILL RETAIL HOLDINGS OR ANY OF ITS OFFICERS OR DIRECTORS NOR ANY OF ITS AGENTS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE WILL BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE WHETHER BASED ON CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF RETAIL HOLDINGS OR ITS AUTHORIZED RESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Retail Holdings makes no representations whatsoever about any other website which you may access through this one or which may link to this Site. When you access a non-Retail Holdings website, please understand that it is independent from Retail Holdings , and that Retail Holdings has no control over the content on that website. In addition, a link to a Retail Holdings website does not mean that Retail Holdings endorses or accepts any responsibility for the content, or the use, of such website.
You agree to indemnify, defend and hold harmless Retail Holdings, its officers, directors, employees, agents, licensors and licensees, suppliers and any third party information providers to the Site ("Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees incurred by the Indemnified Parties, resulting from any breach or violation of these Terms and Conditions of Use or the foregoing representations, warranties and covenants (including negligent or wrongful conduct) by you or any other person accessing the Site.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of Retail Holdings and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Trademarks), 2 (User Supplied Material), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party Rights) and 8 (General Provisions) shall survive any termination of this Agreement.
8. General Provisions.
This Agreement, together with any additional terms posted on this Site constitute the entire Agreement between Retail Holdings and you and shall all be governed and construed in accordance with the laws of England. You agree that any legal action or proceeding between Retail Holdings and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively to the High Court of Justice in England. If for any reason these Terms and Conditions of Use or a portion thereof are deemed to be unenforceable, the remainder of these Terms and Conditions of Use shall continue in full force and effect. Any cause of action or claim you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Retail Holdings' failure to insist upon or enforce strict performance of any provision of this Agreement 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 provision of this Agreement. Retail Holdings may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.