Your use of Tapestry’s web site, software, services, and applications (noted collectively as “Services” in this document) is subject to the terms of a legal agreement (“Agreement”) between you and Tapestry International Limited, herein “Tapestry”, a company with principal headquarters located at Level 2, 608 Harris St, Ultimo NSW 2007, Australia.
The following terms and conditions govern the use of all Tapestry Services, including users of our web sites. This Agreement is additional to Tapestry’s End-User License Agreement (“EULA”) for registered Users. In the event of any disparity between these terms and the EULA, the EULA shall take precedence.
Please read this Agreement carefully before accessing or using the Services. By accessing or using our Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Services.
3. SERVICES USE
3.1 Accurate Representation
3.2 Authorized Use
You agree that any and all use of Services is: (a) compliant to the terms in this Agreement; (b) only for the intended purposes permitted and described in Services-related documentation; and (c) only as permitted by applicable laws and regulations of relevant jurisdictions of Tapestry and your use location.
3.3 Allowable Access
You agree to access any Services only through the means intended by Tapestry. Access is not allowed through automated processes, including, yet not limited to, robots, scripts, web crawlers, or any other manual or automated process which disrupts normal operation of Services.
3.4 Restriction of Use
Tapestry may restrict your access to any or all Services if: (a) you have breached, or demonstrate inability to comply with, any of the conditions of the Agreement; (b) Tapestry is required to do so by law; (c) Tapestry is prevented from continuing service through a partner which is enabling Services; or (d) any part or whole of the Services is discontinued by Tapestry
4.1 Tapestry and Third Party Content (“Services Content”)
You acknowledge that Services Content may be protected by intellectual property rights which are owned by the providers of this content. This includes Tapestry and third-party providers. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this content unless you receive separate, written consent from the owners of the Services Content. Tapestry is not responsible for Services Content not directly owned by Tapestry, nor are we responsible for content accessed through links provided on our Services.
4.2 Subscriber Content
Tapestry does not monitor content shared between users; e-mailed content is processed through a secure, automated process designed to protect your personal communications. At the same time, this process prevents us from screening content for inappropriate usage. You agree that you are solely responsible for any content you generate and share (“Subscriber Content”) through Tapestry Services, including, yet not limited to, intellectual property ownership and compliance with all applicable laws, regulations, and guidelines of relevant jurisdictions of Tapestry and your use location. You retain copyright and other rights you already hold, and are entitled to by law, for your Subscriber Content.
Where Subscriber Content is shared on public-access portions of our Services (e.g. open discussion forums on our web page), you also agree that you are also solely responsible and liable (and Tapestry is expressly not liable) for all content you contribute.
5. INTELLECTUAL PROPERTY
This Agreement does not transfer from Tapestry to you any Tapestry trademarks or third party intellectual property. Other trademarks, service marks, graphics, and logos used with Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Tapestry or third-party trademarks.
You agree not (a) use any Confidential Information to create any software or documentation that is similar to the Services, (b) disassemble, decompile, reverse engineer or otherwise try to discover any source code or underlying structures, ideas or algorithms of the Services, (c) encumber, lease, rent, loan, sublicense, transfer or distribute any Services, (d) copy, adapt, merge, create derivative works of, translate, localize, port or otherwise modify any Services, (e) use the Services in an automated process, or (f) permit any third party to engage in any of the foregoing proscribed acts. Licensee shall not use the Services for the benefit of any third party (e.g., time-share or service bureau arrangement) without Licensor's prior written consent, at its discretion.
5.3 No Implied License
Except for the limited rights and license expressly granted hereunder, no other license is granted, no other use is permitted and Tapestry shall retain all right, title and interest in and to the Services (and all patent rights, copyright rights, trade secret rights and all other intellectual property and proprietary rights embodied therein).
6. Warranty Disclaimers
Services are provided "as is" without warranty of any kind. Tapestry does not warrant that the services will meet licensee's requirements or that they will be uninterrupted or error-free. To the fullest extent permitted by law, Tapestry hereby disclaims (for itself and its suppliers) all other warranties, whether express or implied, oral or written, with respect to the services including, without limitation, all implied warranties of title, non-infringement, quiet enjoyment, integration, merchantability or fitness for any particular purpose and all warranties arising from any course of dealing, course of performance or usage of trade.
7. Limitation of Liability
In no event shall Tapestry (or its suppliers) be liable concerning the subject matter of this agreement, regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise), for any (a) matter beyond its reasonable control, (b) loss or inaccuracy of data, loss or interruption of use, or cost of procuring substitute technology, goods or services, (c) indirect, punitive, incidental, reliance, special, exemplary or consequential damages including, but not limited to, loss of business, revenues, profits or goodwill, or (d) aggregate damages, in excess of the amount paid to Tapestry for the service that gave rise to the claim during the prior 12-month period, even if Tapestry has been advised of the possibility of such damages. These limitations are independent from all other provisions of this agreement and shall apply notwithstanding the failure of any remedy provided herein.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflicts of law provisions.
Any notice or communication hereunder shall be in writing and either personally delivered or sent via confirmed facsimile, recognized express delivery courier or certified or registered mail, prepaid and return receipt requested. Notices shall be delivered to the address specified by Licensee when the Service/Software was ordered/downloaded, or to the address above for Tapestry, as the case may be, or at such other address designated in a subsequent notice. All notices shall be in English.
Tapestry reserves the right to modify or replace any part of this Agreement. Your continued use of or access to Service following the posting of any changes to this agreement constitutes acceptance of those changes. In the future, Tapestry may offer new applications, services and/or features through our Service. Such new features and/or services shall be subject to the terms and conditions of this Agreement.