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Terms of Service

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THESE ARE OUR TERMS OF SERVICE, PLEASE READ THEM CAREFULLY BEFORE USING OUR PROPERTIES. BY USING THE PROPERTIES OF TAJ MAHAL COVERS, LIMITED, YOU AGREE TO THE TERMS OF SERVICE HEREIN.


DO NOT USE THE PROPERTIES OF TAJ MAHAL COVERS IF YOU DO NOT AGREE.

 

1. General.

The Property of Taj Mahal Covers, Limited (herein and here after refered to as the PROPERTY) include all means by which TAJ MAHAL COVERS, LIMITED provides content to its customers or by which it receives content from its customers, including, but without limitation, TAJ MAHAL COVERS, LIMITED’s websites (www.tajmahalcovers.com, www.smart-brella.com and other entities not yet defined), delivery of TAJ MAHAL COVERS, LIMITED’s content to its customers at their request via mobile web sites as well as services that allow its customer to submit content to TAJ MAHAL COVERS, LIMITED, blog submission services, chat rooms as well as to message boards. The Services are owned and operated by TAJ MAHAL COVERS, LIMITED who has the right at any time to change, modify or discontinue any aspect(s) or feature(s) of the PROPERTY, including, without any limitation, content, hours of operation and equipment needed to access or use of its PROPERTY.

 

2. Disclaimer of Warranty; Limitation of Liability.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER TAJ MAHAL COVERS, LIMITED, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSOR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES.

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT TAJ MAHAL COVERS, LIMITED IS NOT LIABLE FOR DEFAMATORY, OFFENSIVE/ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY OVER WHICH IT HAS NO CONTROL.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL TAJ MAHAL COVER'S BE TOTALLY LIABLE TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES AND DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.

 

3. Business Associates.

The business associates of TAJ MAHAL COVERS, LIMITED identified on the PROPERTY are independent contractors of TAJ MAHAL COVERS, LIMITED and are not business associates, joint ventures or partners of TAJ MAHAL COVERS, LIMITED. No employee or representative of the business associates is under the control of TAJ MAHAL COVERS, LIMITED.

 

4. Changed Terms.

TAJ MAHAL COVERS, LIMITED has the right at any time to change or modify the terms and conditions applicable to use of the PROPERTY or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use where it deems it appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the PROPERTY, by electronic or conventional mail, or by any other means. Any use of the PROPERTY by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

 

5. Copyrights and Copyright Agent.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide TAJ MAHAL COVERS, LIMITED 's Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TAJ MAHAL COVERS, LIMITED to locate the material;

Information reasonably sufficient to permit TAJ MAHAL COVERS, LIMITED to contact you;

A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

6. Equipment.

You shall be responsible for all charges as well as for obtaining and maintaining all telephone, computer hardware and other pertinent equipment needed for access to and use of the PROPERTY related thereto.

 

7. Export Control.

Software and other materials from the Services may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the PROPERTY may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. TAJ MAHAL COVERS, LIMITED does not authorize the downloading or exportation of any software or technical data from the PROPERTY to any jurisdiction prohibited by the United States Export Laws.

 

8. Indemnification.

You agree to defend, indemnify and hold harmless TAJ MAHAL COVERS, LIMITED and its suppliers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs) arising out, relating to or in connection with (a) your use of the Services, (b) the content of any materials you submit, (c) any violation of any law or regulation by you, and (d) this agreement.

 

9. Links.

The PROPERTY incorporates links to other Web sites. TAJ MAHAL COVERS, LIMITED does not in any way endorse, nor is it responsible for, the content on those other Web sites.

 

10. Miscellaneous.

These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Michigan without regard to its conflicts of law principles. All disputes under this Agreement shall be resolved by the State or Superior Courts of Oakland County in the State of Michigan or the United States District Court of Michigan and each party consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available to it. No waiver by TAJ MAHAL COVERS, LIMITED of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

 

11. Monitoring.

TAJ MAHAL COVERS, LIMITED shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Services. TAJ MAHAL COVERS, LIMITED does not have an obligation to review posted material on the Services, and TAJ MAHAL COVERS, LIMITED cannot assure that the material will either be appropriate or appropriately expressed. TAJ MAHAL COVERS, LIMITED cannot publish all material submitted to the Services. The choice of which material is selected for the Services is at the sole discretion of TAJ MAHAL COVERS, LIMITED and cannot be disputed. Without limiting the foregoing, TAJ MAHAL COVERS, LIMITED shall have the right to remove any material that TAJ MAHAL COVERS, LIMITED in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

 

12. Restrictions on Use.

A. You shall use the PROPERTY for lawful purposes only. You shall not post or transmit through the PROPERTY any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without TAJ MAHAL COVERS, LIMITED'S express prior written approval, you shall not post or transmit through the PROPERTY any material containing advertising or any solicitation with respect to products or services. You shall not use the PROPERTY to advertise or perform commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services that compete with the PROPERTY. No conduct that restricts or inhibits any user from using or enjoying the PROPERTIES, deemed so in TAJ MAHAL COVERS, LIMITED’S discretion, will be permitted.

B. The PROPERTY contains copyrighted material, trademarks and other proprietary information, including, without any limitation, text, software, images, graphics, multimedia (music and sound, video) and the contents of the PROPERTY are copyrighted under United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content in whole or part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of TAJ MAHAL COVERS, LIMITED and/or the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.

C. You shall not e-mail, upload, post or otherwise make available on the PROPERTY, any material protected by the copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights and the burden of determining that material contained herein is not protected by copyright rests with you. You shall be (held) solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to TAJ MAHAL COVERS, LIMITED’S policies regarding privacy, e-mails, notes, message/billboard/forum postings, images, videos, ideas, suggestions, concepts or other material submitted (intentionally or unintentionally) will be treated as non-confidential and non-proprietary and will universally become the property of TAJ MAHAL COVERS, LIMITED. By submitting material to TAJ MAHAL COVERS, LIMITED, you automatically grant, or warrant that the owner of such material has expressly granted TAJ MAHAL COVERS, LIMITED the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate, perform, edit, transmit, reformat, sublicense and distribute such material (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed; you waive your rights to attribution, integrity or moral rights in the materials in connection with their use by TAJ MAHAL COVERS, LIMITED and other authorized parties; you agree to allow use of your name and city on the PROPERTY and in publicity or advertising without compensation; and you understand and agree that TAJ MAHAL COVERS, LIMITED shall have no obligation to copy, publish, display or otherwise exploit the materials, nor shall they be obligated to prevent, or have any liability for any unauthorized copying, publishing, displaying or other exploitation of the materials. You grant TAJ MAHAL COVERS, LIMITED and its affiliated entities the right to edit, copy, display, publish and distribute any materials made available on the PROPERTY by you – the user.

D. The foregoing provisions of Section 3 are for the benefit of TAJ MAHAL COVERS, LIMITED, its affiliates, its third party content providers, licensors and subsidiaries. Each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

13. Third Party Content.

TAJ MAHAL COVERS, LIMITED is not a publisher of content supplied by third parties and users of the Services. Accordingly, TAJ MAHAL COVERS, LIMITED has no more editorial control over such content than does a public library, bookstore, or news stand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of TAJ MAHAL COVERS, LIMITED. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. TAJ MAHAL COVERS, LIMITED neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the PROPERTY by anyone other than authorized TAJ MAHAL COVERS, LIMITED employee spokespersons while acting in their official capacities.

 

14. Trademarks.

TAJ MAHAL COVERS, LIMITED and each of their logos are trademarks of TAJ MAHAL COVERS, LIMITED... All rights reserved. All other trademarks appearing on the PROPERTY are that of TAJ MAHAL COVERS, LIMITED or their respective owners.

 

15. Viruses.

TAJ MAHAL COVERS, LIMITED also assumes no responsibility and shall not be liable for any damages to (or for viruses that may infect) your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.

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