Effective Date: JULY 12, 2015
This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Website conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Website in any manner not expressly permitted in the TOU. For example, you may not (a) separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material without the prior express written permission of Isaia and/or its licensor(s), (b) use any "deep link," "page scrape," "robot," "spider," or other device, program, script, algorithm, or methodology to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website, (c) probe, scan, or test the vulnerability of the Website or any network connected to the Website, (d) use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, (e) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Isaia on or through the Website, (f) use the Website to harvest or collect e-mail addresses or other contact information, or (g) use the Website in a manner that could damage, disparage, or otherwise negatively impact Isaia.
Isaia is not obligated to sell products described on the Website or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order in our sole discretion, even after your receipt of an order confirmation or after your card has been charged. You may not purchase any item from this Website for resale by you or any other person, and you may not resell any item purchased from this Website. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid only in the United States. If a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your card charged.
By using the Website, you represent that you are at least eighteen (18) years of age (or the legal age of majority (whichever is greater)) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Website, including, without limitation, when you provide information via a Website registration form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website. Access to the Website is solely at your own risk. Isaia is not responsible for the security of any information transmitted to or from the Website.
Other Terms and Conditions.
Additional notices, terms, and conditions may apply to a particular program, service or event. You agree to abide by such other notices, terms, and conditions or agreement, as applicable. If there is a conflict between this TOU and other notices, terms, and conditions posted to the Website, Isaia will resolve any conflict in its sole discretion but the latter terms shall generally control with respect to such program, service or event.
User Name Handling Policy.
Registration, a user name and/or a password may be required to access certain areas of the Website. You agree to keep your user name and password confidential, and to immediately notify Isaia if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Isaia will not be liable for any loss or damage arising from your failure to comply with these obligations.
By submitting content, feedback, suggestions, material, or information of any type (a "Submission") to Isaia or any portion of the Website, you automatically grant Isaia a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such Submission (in whole or in part) worldwide in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission. You represent that such Submission does not infringe or violate the intellectual property or proprietary rights of any third party, and that you have all rights necessary to convey to Isaia and enable Isaia to use such Submission. You also acknowledge that such Submission is non-confidential for all purposes and that Isaia has no control over the extent to which the Submission may be used by any party once it is posted or displayed. Notwithstanding this right and license, it is understood that Isaia is merely a distributor (and not a publisher or creator) of such Submission. Moreover, Isaia assumes no responsibility for the deletion of or failure to store any Submission, is not responsible for editing or monitoring Submissions, and does not make any representation with respect to the accuracy, acceptability, completeness, or reliability of Submissions that are posted or displayed on the Website.
Copyrights and Copyright Agent.
Isaia respects the intellectual property of others and in this regard, it is Isaia's policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law. Responses may include removing or disabling access to content claimed to be the subject of infringing activity and/or terminating a user's access to the Website. If you believe that one or more of your works have been copied in a way that constitutes copyright infringement, please provide Isaia’s Copyright Agent the following information:
- A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- A description, in reasonable detail (including any applicable URL address), of the copyrighted work that you claim has been infringed;
- A description, in reasonable detail, of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent: Copyright Agent, c/o Isaia, 257 Park Ave South, 10th Floor, New York, NY 10010. Phone: 212-245-3733. Email: firstname.lastname@example.org
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. Unless otherwise indicated, Isaia owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You expressly acknowledge and agree that Isaia transfers no ownership or intellectual property interest or title in and to the Website to you or anyone else. “Isaia” and all other names, designs, logos, and icons identifying Isaia and its programs, events, solutions, or services are proprietary trademarks of Isaia, and any use of such marks without the express written permission of Isaia is strictly prohibited. Other product, association, organization, and company names mentioned on the Website may be the trademarks and/or service marks of their respective owners.
Third Party Products & Services.
Isaia may feature and/or post on the Website advertisements, logos, materials, programs, products, and services of third parties over which Isaia has no control. Isaia makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness or reliability of such third-party materials, programs, products, and services. Isaia expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Website, and you agree that Isaia shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Website.
Links to Other Websites.
Isaia may provide links to other sites for your convenience in locating or accessing related information, products, and/or services. These sites have not necessarily been reviewed by Isaia and are maintained by third parties over which Isaia has no control. Accordingly, Isaia expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
THE INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, ISAIA MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS WEBSITE OR IN THE MATERIALS AND INFORMATION AVAILABLE ON THIS WEBSITE AT ANY TIME AND FOR ANY REASON. ISAIA MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICES, MATERIALS, AND INFORMATION AVAILABLE ON THIS WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ISAIA ALSO MAKES NO REPRESENTATION, GUARANTEE, OR WARRANTY THAT THIS WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE WEBSITE IN A MANNER FREE OF LOSS, VIRUSES, CONTAMINATION, OR OTHER DESTRUCTIVE FEATURES.
Limitation of Liability.
You expressly absolve and release Isaia from any claim of harm resulting from a cause beyond Isaia's control, including, but not limited to, failure of electronic or mechanical equipment, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ISAIA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ISAIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This TOU has been made in and will be construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and completely performed in the State of New York. You agree to the personal jurisdiction by and venue in the state or federal courts in the City of New York, State of New York and waive any objection to such jurisdiction or venue.
Enforcing Security on the Website.
Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution. Isaia reserves the right to view, monitor, and record activity on the Website without notice or permission from you, including, without limitation, by archiving communications sent by you through the Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal or unlawful activity on the Website as well as to disclosures required by applicable law or related government agency actions.
Isaia may terminate or suspend this TOU or operation of or access to the Website at any time without notice to you. In addition, Isaia may immediately terminate your access to the Website in the event of any conduct by you which Isaia considers to be unacceptable, or if you breach this TOU. The provisions concerning Isaia's proprietary rights, user Submissions, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, and governing law will survive the termination of this TOU for any reason.
Waiver & Severability.
The failure of Isaia to exercise or enforce any right or provision of the TOU will not constitute a waiver of such right or provision. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
This TOU represents the entire agreement between you and Isaia with respect to use of the Website, and supersedes all prior or contemporaneous communications between you and Isaia with respect to the Website. You may not assign or transfer any rights under this Agreement without the prior written consent of Isaia. Please note that Isaia reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, Isaia may add, modify, or delete any aspect, program, or feature of the Website. Your continued use of the Website following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.