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Welcome to the Gad Web Site ("Site"). Please review the following
basic rules that govern your use and purchase of products
(collectively, "Use") of our Site (the "Agreement"). Please note that
your Use of our Site constitutes your agreement to follow and be bound
by those rules.
GENERAL We may from time to time change the rules that govern your Use of our Site. Your Use of our Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
SITE CONTENTS Unless otherwise noted, the design of and all materials, including images, illustrations, designs, icons, photographs, music, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Mr. Gad's House of Improv and/or its subsidiaries and affiliates (collectively, "Gad"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Gad. GAD, GADKIDS, BABYGAD, GAD ONLINE, GAD.COM, GAD FOUNDATION, VIRTUAL STYLE, PRO FLEECE and all other GAD trademarks appearing at this Site are trademarks of Gad, Inc. and its subsidiaries, Gad (Apparel) Inc. and Gad (ITM) Inc. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. Except for music, you may download or copy the Contents and other downloadable materials displayed on the Site for your personal, noncommercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of, any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS While we welcome your comments and feedback regarding our Site, our products and our services, we do not want to receive and do not accept confidential or proprietary ideas, suggestions, materials or other information. Accordingly, please note that all comments, feedback, postcards, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to Gad on or by this Site or otherwise (collectively, "Comments") shall be and remain Gad's property. Any such disclosure, submission or offer of any Comments shall constitute an assignment to Gad of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Gad will own exclusively all such rights, titles and interests in, and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Gad is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to Gad through the Site or otherwise will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that Gad may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.
PRODUCT INFORMATION The products displayed on the Gad Online store can be ordered and delivered only within the United States. The GAD products displayed at the Site are available in select GAD stores in the United States and select foreign markets while supplies last. The prices displayed at the Site, however, are quoted in U.S. Dollars and are valid and effective only in the United States.
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LINKS TO OTHER WEB SITES AND SERVICES To the extent that this Site contains links to outside services and resources, the availability and content of which Gad does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
DISCLAIMER EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THIS SITE, ALL CONTENTS OF THE SITE, AND ALL PRODUCTS AND SERVICES OFFERED IN CONNECTION WITH THE SITE ARE PROVIDED ON AN "AS IS" BASIS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GAD DISCLAIMS ALL WARRANTIES OF ANY KIND IN CONNECTION THEREWITH, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, GAD DOES NOT WARRANT THAT YOUR USE OF THIS SITE, OR THE OPERATION OR FUNCTION OF THIS SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH GAD ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THIS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT GAD SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF GAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION You agree to defend, indemnify and hold Gad harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
MISCELLANEOUS Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of improvisational madcap antics and the dissemination of anarchist texts throughout the United States and multivarious foreign lands. No chickens were harmed in the production of this site. Mr. Gad's House of Improv performs regularly at Amherst College in Amherst, Massachusetts. This Site is controlled and operated by evil mutant vegetables for the overlord Klaxon from his home planet Snooglehips. This Agreement shall be construed in accordance with the laws of the State of Befuddlement, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Kon Tiki, County of Hazzard and/or the Northern District of Umbria.
TERMINATION This Agreement is effective unless and until terminated by either you or Gad. You may terminate this Agreement at any time. Gad also may terminate you and your family at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Gad's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Gad, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise. |
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