Copyright, Trademark and Other Intellectual Property Rights
Except as otherwise noted, any and all text, images, designs, marks, and other content of this website (“Content”) is copyrighted, trademarked, protected by trade dress, or otherwise proprietary to Caroline Hayden, LLC. Caroline Hayden authorizes you to view the Content, and download and print the Content, other than music, for your own personal and noncommercial use. You may not modify the Content or remove any copyright, trademark, or other proprietary notices from the Content. Any displays or printouts of the Content must be marked “© 2016 Caroline Hayden. All rights reserved.” By your use of the website, you represent and warrant that your use of the Content will be consistent with this license and that you will not infringe or violate the rights of any other party, including Caroline Hayden, or breach any contract with or legal duty to any other party. Caroline Hayden reserves all rights not expressly granted herein.
If you believe that any item of the Content has been copied and is accessible on this website in a way that constitutes copyright infringement or the infringement of any other intellectual property rights, please notify Caroline Hayden as soon as possible so that we may act promptly and appropriately.
Although Caroline Hayden uses reasonable efforts to provide accurate and complete information on this website, information about products or their availability or prices may be inaccurate, incomplete or out of date. Based on variations in computer monitors and other computer hardware, colors and other attributes of the products may not be displayed accurately.
From time to time, the website may contain links to third party websites, which are not under the control of Caroline Hayden. Also, links to our website may be featured on other websites. These links are provided for convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with a linked site or a host site by Caroline Hayden.
Caroline Hayden is not responsible for the contents of any linked site or host site and does not warrant, represent, or assume responsibility or liability for the accuracy, security, completeness or operation of any linked site or host site or any information or other materials downloaded from or contained on or in any linked site or host site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator.
Please be aware that partners, service providers, advertisers, and websites that link to Caroline Hayden may collect personally identifiable information about you. The privacy and data collection policies of these third parties are independent of Caroline Hayden’s policies and Caroline Hayden assumes no responsibility or liability for the privacy or data collection policies of such parties. Caroline Hayden encourages you to read the privacy policies and user terms whenever interacting with, and prior to providing any personally identifiable information to, any other website.
Prohibited User Conduct
You warrant and agree that, while using the website and the various services and features offered on or through the website, you shall not: (a) impersonate any person or entity, whether actual or fictitious, 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 website’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the website; (d) engage in “spidering,” “screen scraping,” “database scraping,” harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the website or the services offered on or through the website, including without limitation any information residing on any server or database connected to the website or the services offered on or through the website; (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (f) use the website or the services made available on or through the website in any manner with the intent to interrupt, damage, disable, overburden, or impair the website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (g) use the website or the website’s services or features in violation of Caroline Hayden’s or any third party’s intellectual property or other proprietary or legal rights; or (h) use the website or the website’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 engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the website or the website’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the website.
Disclaimer/Limitation of Liability
Caroline Hayden does not represent or warrant that your use of the website, or the operation or function of the website, any component thereof, or any services offered in connection therewith, will be uninterrupted or error free, that defects therewith will be corrected, or that the website or its server are free of viruses or other harmful elements. In addition, certain information may be provided or updated from a source other than Caroline Hayden and Caroline Hayden does not assume any liability or responsibility for the accuracy of such information.
Caroline Hayden, and its employees, directors, officers, agents, representatives, vendors, and service providers are not liable for any damages, including special, indirect, punitive, or consequential damages of any nature, resulting from any use of or reliance on, the website, the Content, or other materials or information provided on or through the website, including, without limitation, damages for lost profits, loss of goodwill, or loss of data, software or content, or any use of any of the foregoing, even if an authorized representative of Caroline Hayden has been advised or should have known of the possibility of such damage.
You acknowledge, by your use of the website, that your use is at your sole risk and that Caroline Hayden will not be liable for any damages of any kind related to your use of or inability to use the website. In the event of any problem with this website or the Content, you agree that your sole remedy will be to cease use of the website.
If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of Caroline Hayden to you for any type of damages shall be limited to the greater of the actual amount paid by you for any products offered on the website or U.S. $100.00.
Caroline Hayden may terminate, change, suspend, add to or discontinue any aspect of the website or the website’s services at any time, in our sole discretion, and without liability to any user. Caroline Hayden may restrict, suspend or terminate your use of or access to the website and/or its services if we believe you are in breach of or are attempting to breach our terms and conditions or applicable law, or for any other reason without notice or liability (including, for example, if we learn that you have provided us with false or misleading information, or interfered with other users or the administration of our website or services).
Choice of Law