TOP GUN PROVIDES THIS SITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW IN THIS AGREEMENT. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
This Web Site Agreement ("Agreement") is between you and Top Gun Use of Top Gun's web site located at http://topgunfashion.com ("Company Web Site") signifies your agreement to the terms and conditions of use set forth below in the Agreement:
I. You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS COMPANY WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Company Web Site.
II. Top Gun may monitor your use of this Company Web Site, and may freely use and disclose any information and materials received from you or collected through your use of the Company Web Site for any lawful reason or purpose.
III. Top Gun reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of major changes in the Agreement will be posted on the Company Web Site.
IV. The Company Web Site is protected by copyright as a collective work and/or compilation, pursuant toU.S. copyright laws. All pages, content and information within Company Web Site are the property of Top Gun and/or its affiliates. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of Top Gun. Top Gun may change, suspend or discontinue any aspect of the Company Web Site at any time, including the availability of any Company Web Site feature, database, or content. Top Gun may also impose limits on certain features and services or restrict your access to parts or all of the Company Web Site without notice or liability.
V. You represent, warrant and covenant that: (a) you shall not upload, post, send or transmit to or distribute or otherwise publish through the Company Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the Company Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
You hereby agree to indemnify, defend and hold Top Gun, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Top Gun reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Top Gun.
The Company Web Site may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Company Web Site. Links to and from Company Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by Top Gun or any of its subsidiaries or affiliates of any third party resources, or their contents.
Top Gun does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Company Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your own sole risk only. Top Gun reserves the right, in its sole discretion, to correct or not to correct any errors or omissions in any portion of the Company Web Site.
VI. THE COMPANY WEB SITE, INCLUDING ALL CONTENT, CODE, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE COMPANY WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TOP GUN AND ANY OF ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE COMPANY WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE COMPANY WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE COMPANY WEB SITE OR ANY LINKED SITE. FURTHER, TOP GUN AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TOP GUN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COMPANY WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOP GUN AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE COMPANY WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
TRE-STATE INCORPORATE, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE COMPANY WEB SITE, COMPANY WEB SITE -RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE COMPANY WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE COMPANY WEB SITE AND/OR COMPANY WEB SITE -RELATED SERVICES IS TO STOP USING THE COMPANY WEB SITE AND/OR THOSE SERVICES.
By posting messages, uploading files, inputting data, inputting personal information, inputting commercial information, inputting any information whatsoever or engaging in any other form of communication (individually or collectively "Communications") to the Company Web Site, you hereby grant to Top Gun a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against T for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
You acknowledge that transmission to and from this Company Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Top Gun, no confidential, fiduciary, and contractually implied or other relationship is created between you and Top Gun other than pursuant to this Agreement.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OFNEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OFNEW YORK.
VII. This Agreement constitutes the entire agreement between Top Gun and you with respect to your use of the Company Web Site. Any cause of action you may have with respect to your use of the Company Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Top Gun disclaims any and all responsibility for content contained in any third party materials provided through links from the Company Web Site.
This Agreement constitutes the entire agreement between you and the Top Gun and any and all prior written or oral agreements are expressly canceled.