Terms and Conditions
BY USING THE MEAD CALENDAR WIDGET AND/OR THE MEAD CALENDAR WALLPAPER YOU AGREE TO THESE TERMS AND CONDITIONS OF USE. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE MEAD CALENDAR WIDGET OR MEAD CALENDAR WALLPAPER. Access to and use of the Mead Calendar Widget (the "Widget") and/or the Mead Calendar Wallpaper ("Wallpaper") is provided by Mead Products LLC, a division of ACCO Brands subject to the following terms:
1. ACCEPTANCE OF TERMS:
By using any of the Widgets and/or Wallpapers, you agree to be legally bound by all of the terms of this Agreement. ACCO Brands (hereafter sometimes referred to as "we" or "us") reserves the right to change the terms of this Agreement, to change, modify or otherwise alter any features of any of the Widgets and/or Wallpapers, or to discontinue providing any or all of the Widgets and/or Wallpapers at any time and for any purpose without notice. You should visit this section regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the Widgets and/or Wallpapers will be deemed as an irrevocable acceptance of any such changes, modifications or alterations.
By using one or more Widget and/or Wallpaper you represent and warrant that you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). You represent that you have read and agree to abide by this Agreement. You further acknowledge and agree that due to the mature nature of the subject matter of some Widgets and/or Wallpapers, some Widgets and/or Wallpapers may be considered to be offensive to certain persons. If you object to any such content, your sole recourse is to stop using the Widget(s) and/or Wallpaper(s) and remove any such Widget(s) and/or Wallpaper(s) from your computer.
3. COPYRIGHTS AND TRADEMARKS:
The Widgets, the Wallpapers and all materials incorporated therein (including, but not limited to any text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries, and are owned by ACCO Brands, or owned by a third party and provided under license to ACCO Brands. Some of the characters, logos or other images incorporated into Widgets and/or Wallpapers may also be protected as registered or unregistered trademarks, trade names and/or service marks owned by ACCO Brands or third parties.
4. RESTRICTIONS ON USE OF MATERIALS:
You may not copy, reproduce, distribute, publish, enter into a database, submit to a catalogue or directory, display, perform, modify, create derivative works, transmit or in any way exploit the Widgets and/or Wallpapers or any part of the information displayed on (or the intellectual property contained in) any of the Widgets and/or Wallpapers, except that you may access and display material and all other content displayed on the Widgets and/or Wallpapers for non-commercial, personal use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of any Widget and/or Wallpaper over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Any authorization to copy material granted by us in any part of any Widget and/or Wallpaper for any reason is restricted to making a single copy for non-commercial, personal, and entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any material on any other device, website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on any Widget into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
5. DISCLAIMER OF WARRANTIES:
ACCO BRANDS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE WIDGETS AND/OR WALLPAPERS. THE WIDGETS AND WALLPAPERS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ACCO BRANDS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ACCO BRANDS FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, AND PERFORMANCE OF THE WIDGETS AND/OR WALLPAPERS. YOU UNDERSTAND AND AGREE THAT YOU USE THE WIDGETS AND/OR WALLPAPERS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY TECHNICAL, HARDWARE, SOFTWARE OR TELEPHONE FAILURES OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS, FRAUD, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS AND LOSS OF DATA, WHETHER CAUSED BY ACCO BRANDS, USERS OF ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR THAT RESULTS FROM THE USE OF WIDGETS AND/OR WALLPAPERS OR THE MEAD WEB SITE.
6. LIMITATION OF LIABILITY:
YOUR USE OF THE WIDGETS AND/OR WALLPAPERS IS AT YOUR OWN RISK. ACCORDINGLY, YOU AGREE THAT ACCO BRANDS SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR USE OF THE WIDGETS AND/OR WALLPAPERS. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ACCO BRANDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WIDGETS AND/OR WALLPAPERS, FROM INABILITY TO USE THE WIDGETS AND/OR WALLPAPERS OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WIDGETS AND/OR WALLPAPERS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL ACCO BRANDS BE LIABLE TO YOU UNDER ANY CIRCUMSTANCE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMIT ATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
7. LOCAL REGULATIONS:
The material on the Widgets and/or Wallpapers are intended for viewing solely in the United States. ACCO Brands makes no representation that materials or other content made available through any of the Widgets and/or Wallpapers are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access any of the Widgets and/or Wallpapers from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
You agree to indemnify and hold harmless ACCO Brands, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from any and all use of the Widgets and/or Wallpapers in violation of this Agreement or the failure to fulfill any obligations incurred by you or any other person to whom you give access to the Widgets and/or Wallpapers. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
9. APPLICABLE LAW AND JURISDICTIONAL MATTERS:
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, as they are applied to agreements entered into and to be performed entirely within Ohio. Any action you, any third party or ACCO Brands may bring to enforce this Agreement or, in connection with any matters related to the website shall be brought only in either the State or Federal Courts located in Dayton, Ohio, and you expressly consent to the jurisdiction of said courts.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THE WIDGETS AND/OR WALLPAPERS.