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Misty
Rose and its associates provide their services to you subject
to the following conditions. If you visit or shop within this
website, you accept these conditions. Please read them carefully.
Privacy
Please review our Privacy Notice, which also governs your visit
to our website, to understand our practices.
Electronic
Communications
When you visit Misty Rose or send e-mails to us, you are communicating
with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail
or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such
communications be in writing.
Trademarks
Misty Rose trademarks and trade dress may not be used in connection
with any product or service that is not Misty Rose, in any manner
that is likely to cause confusion among customers, or in any
manner that disparages or discredits Misty Rose. All other trademarks
not owned by Misty Rose or its subsidiaries that appear on this
site are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by Misty
Rose or its subsidiaries.
License
and Site Access
Misty Rose grants you a limited license to access and make personal
use of this site and not to download (other than page caching)
or modify it, or any portion of it, except with express written
consent of Misty Rose. This license does not include any resale
or commercial use of this site or its contents: any collection
and use of any product listings, descriptions, or prices: any
derivative use of this site or its contents: any downloading
or copying of account information for the benefit of another
merchant: or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of
this site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without
express written consent of Misty Rose.
You may not frame or utilise framing techniques to enclose any
trademark, logo, or other proprietary information (including
images, text, page layout, or form) of Misty Rose and our associates
without express written consent. You may not use any meta tags
or any other ":hidden text": utilising Misty Rose name or trademarks
without the express written consent of Misty Rose. Any unauthorised
use terminates the permission or license granted by Misty Rose.
You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of Misty Rose so long
as the link does not portray Misty Rose, its associates, or
their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any Misty Rose
logo or other proprietary graphic or trademark as part of the
link without express written permission.
Your
Membership Account
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password.
If you are under 18, you may use our website only with involvement
of a parent or guardian. Misty Rose and its associates reserve
the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in their sole discretion.
Reviews,
Comments, Emails, and Other Content
Visitors may post reviews, comments, and other content: and
submit suggestions, ideas, comments, questions, or other information,
so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters,
mass mailings, or any form of ":spam.":
You may not use a false e-mail address, impersonate any person
or entity, or otherwise mislead as to the origin of a card or
other content. Misty Rose reserves the right (but not the obligation)
to remove or edit such content, but does not regularly review
posted content. If you do post content or submit material, and
unless we indicate otherwise, you grant Misty Rose and its associates
a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sub licensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display
such content throughout the world in any media.
You grant Misty Rose and its associates and sub licensees the
right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you
own or otherwise control all of the rights to the content that
you post: that the content is accurate: that use of the content
you supply does not violate this policy and will not cause injury
to any person or entity: and that you will indemnify Misty Rose
or its associates for all claims resulting from content you
supply. Misty Rose has the right but not the obligation to monitor
and edit or remove any activity or content. Misty Rose takes
no responsibility and assumes no liability for any content posted
by you or any third party.
Risk
of Loss
All items purchased from Misty Rose are made pursuant to a shipment
contract. This basically means that the risk of loss and title
for such items pass to you upon our delivery to the carrier.
Product
Descriptions
Misty Rose and its associates attempt to be as accurate as possible.
However, Misty Rose does not warrant that product descriptions
or other content of this site is accurate, complete, reliable,
current, or error-free. If a product offered by Misty Rose itself
is not as described, your sole remedy is to return it in unused
condition.
DISCLAIMER OF WARRANTIES AND LIMITATION
OF LIABILITY
THIS SITE IS PROVIDED BY Misty Rose ON AN ":AS IS": AND ":AS
AVAILABLE": BASIS. MISTY ROSE MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS
SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED
ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MISTY ROSE
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. MISTY ROSE DOES NOT WARRANT THAT THIS
SITE, ITS SERVERS, OR E-MAIL SENT FROM MISTY ROSE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. MISTY ROSE WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Site
Policies, Modification and Severability
Please review our other policies, such as our Shipping and Returns
policy, posted on this site. These policies also govern your
visit to Misty Rose. We reserve the right to make changes to
our site, policies, and these Conditions of Use at any time.
If any of these conditions shall be deemed invalid, void, or
for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability
of any remaining condition.
Questions
Questions regarding our Conditions of Usage, Privacy Policy,
or other policy related material can be directed to our support
staff by clicking on the "Contact Us" link in the main menu.
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