Terms and Conditions

Terms of Use                                                                        Last Updated:  [July 1, 2013]

Acceptance of the Terms of Use

Welcome to www.oliviapalermo.com (the “Website”), owned and operated by Butterfield Global LLC LLC (“Company”).  The following terms and conditions, together with any documents expressly incorporated by reference herein (collectively, these “Terms of Use”), govern your access to and use of the Website, including any content, functionality and services offered on or through this domain.

Please read these Terms of Use carefully. These Terms of Use also incorporate Company’s Privacy Policy, located at http://www.oliviapalermo.com/privacy-policy/ (“Privacy Policy”) which is expressly made a part of these Terms of Use.  As used herein, the words “user,” “you” and “your” mean users of the Website and the words “we” and “our” means Company.  These Terms of Use constitute a binding legal agreement between you and Company and, by accessing and using the Website, you accept, without limitation or qualification, these Terms of Use and Privacy Policy.  If you do not accept and agree to these Terms of Use and Privacy Policy, do not use the Website or any of the services provided herein.  Company reserves the right to modify these Terms of Use at any time, in which case, we will post the revised version on the Website and update the “Last Updated” date to reflect the date of the changes.   IF YOU DO NOT AGREE WITH THE TERMS OF USE AND PRIVACY POLICY, INCLUDING CHANGES THERETO, OR ANY GUIDELINES OR RULES POSTED ON THE WEBSITE, PLEASE DO NOT USE THE WEBSITE.  Your continued right to access and use the Website will terminate immediately, without any further action by Company, if you breach the Terms of Use.

Intellectual Property Rights

(a)       All content of the Website (including text, graphics, photos, logos, button icons, images, and software) is the property of Company, its licensors, designers, or other providers of such materials and is protected by United States and international laws relating to copyrights, trademarks, patents, trade secrets and other intellectual property or proprietary rights. The Website shall not be used by any person to post, transmit, display, publish, distribute or otherwise exploit content or other materials that (1) violates these Terms of Use; (2) infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others; (3) is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, sexually-explicit or parody images or text, chain letters or pyramid schemes; or (4) violates applicable laws, rules and regulations, including without limitation, consumer protection, privacy and trade laws and regulations.

(b)       The trademarks, service marks, logos and other indicia of origin (collectively, the “Marks”) used on this Website are owned by Company and other third parties. No license or right to use any Marks contained on this Website is granted, whether by implication or otherwise, and any use of any Marks contained on this Website is expressly prohibited unless authorized in writing by the owner of the applicable Marks.   All rights not explicitly granted herein are reserved.

(c)       You are not authorized to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own lawful, personal, non-commercial use and not for further reproduction, publication or distribution, as expressly permitted by and subject to the restrictions contained in these Terms of Use, including, without limitation, the requirement that you maintain all copyright and other proprietary notices contained in any Website content.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info(at)oliviapalermo.com

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by Company.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Prohibited Uses

Without limiting anything set out elsewhere in these Terms of Use, you may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined solely by Company, may harm Company or users of the Website or expose them to liability.
  • To intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance

You also agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Company’s prior written consent in each instance.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Delete or alter any Website content.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal profiles, forums, bulletin boards, and/or other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”). All User Contributions must comply with these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Website, you grant Company, its affiliates and subsidiaries (if any), service providers, and each of its and their respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

–       You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Company, its affiliates and subsidiaries (if any), service providers, and each of its and their respective licensees, successors and assigns.

–       All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Company, have full responsibility for such User Contributions, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

LINKED SITES

The Website may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Company’s control, and Company is not responsible for, and does not endorse the content of, such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

SECURITY

From time to time, Company may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as Company may, in its sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other violation of these Terms of Use, Company may, in its sole discretion, declare you to be in breach of these Terms of Use, suspend, block and/or terminate your use of the Website, and/or seek prosecution to the fullest extent of the law.

Errors and inaccuracies

We do not represent or warrant that the information on the Website is accurate, complete, or current. We reserve the right to correct any errors or omissions, and to change or update information at any time without prior notice.

The content presented on or through the Website is made available for general information purposes only and may include materials provided by third parties, including other users, bloggers, third party licensors, syndicators, aggregators and/or reporting services.  All statements and/or opinions expressed in any third party materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of Company.  You hereby acknowledge that Company is not responsible or liable to you, or any third party, for the content or accuracy of any materials on the Website, including, without limitation, materials provided by any third parties.

Indemnity and release

You hereby agree to indemnify, defend and hold Company, its agents, suppliers, licensees, content providers, successors, or assigns, and/or its and their respective officers, directors, employees, contractors and agents (collectively, the “Indemnified Parties”) harmless from and against any and all damages, liability, claims, actions, demands and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of any breach or alleged breach by you of these Terms of Use and/or Privacy Policy and/or any use by you of the Website, any User Contributions or any element or component thereof.

Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, Privacy Policy and/or any use by you of the Website. If you are a California resident, you expressly waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Disclaimer of liability

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

WITHOUT LIMITING ANYTHING SET OUT ABOVE, IF YOUR USE OF THE WEBSITE OR ANY ELEMENT OR COMPONENT THEREOF RESULTS IN THE NEED FOR SERVICE TO, OR REPLACEMENT OF, EQUIPMENT OR DATA, COMPANY IS NEITHER RESPONSIBLE NOR LIABLE FOR THOSE COSTS.   YOUR USE AND BROWSING OF, AND ANY RELIANCE BY YOU UPON, THE WEBSITE ARE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY ELEMENT OR COMPONENT THEREOF, OR WITH ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE  OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE WEBSITE OR THE SERVICES TRANSMITTING THE WEBSITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. “TECHNICAL DISRUPTION” INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE WEBSITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE WEBSITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE WEBSITE AND, WITHOUT LIMITING ANYTHING SET OUT IN THESE TERMS OF USE, AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE WEBSITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.

Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy http://www.oliviapalermo.com/privacy-policy/.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

GENERAL

These Terms of Use constitute the entire agreement between you and Company and govern your use of the Website. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect. These Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Access to the Website may not be legal by certain persons, or in certain countries. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You will comply with all applicable export laws, restrictions, and regulations of any United States or foreign agency or authority and will not export or re- export, or allow the export or re-export of any product, technology or information you obtain or acquire in connection with the Website (or any direct product thereof) in violation of any such laws, restrictions or regulations. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction in which you are then-located.

These Terms of Use are governed by the internal substantive laws of the State of New York, without regard to its conflict of law principles. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state or federal courts in New York County, NY.  To the fullest extent permitted by applicable law, no claim under these Terms of Use may be joined to any other claim, including any legal proceeding involving any other current or former user of the Website, and no class action proceedings will be permitted.

© 2013 Butterfield Global LLC.  All rights reserved.