Welcome to our, HarMaxiProductions, LLC dba as Princess Diane Von Brainisfried hereinafter “Princess Diane Von Brainisfried”, “my”, “our”, “us”, “we”) website, www.princessdianevonbrainisfried.com. By using this site, you agree to comply with and be bound by the following “terms.” Please review these terms carefully as your use of this website shall be subject to your acceptance of these terms.
IF YOU ARE UNABLE TO AGREE TO THESE TERMS YOU MUST DISCONTINUE USING THIS SITE IMMEDIATELY.
The terms are as follows:
Effective Date: November 17, 2016
This web page represents a legal document and is the Terms and Conditions (Agreement) for our website www.princessdianevonbrainisfried.com (Website). By using our Website you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
Definitions
The terms “us”, “we”, and “our” refer to HarMaxiProductions, LLC dba as Princess Diane Von Brainisfried (hereinafter “Princess Diane Von Brainisfried”) the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Product” refers to any products we sell or give away. The term “Service” refers to any service we sell or give away. The term “you” means Members and Visitors, unless otherwise designated. All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members, Visitors, or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
Acceptance of Agreement
This Agreement is between you and HarMaxiProductions, LLC dba as Princess Diane Von Brainisfried (hereinafter “Princess Diane Von Brainisfried”)
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BEING BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Princess Diane Von Brainisfried and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Privacy Policy
Our Privacy Policy is considered part of this Agreement and available on this website. You must review our Privacy Policy by clicking on this link. If you do not accept and agree to being bound by all of the terms of this Agreement, including the www.princessdianevonbrainisfried.com Privacy Policy, do not use this Website or our Services.
Disclaimer Policy
Our Disclaimer Policy is considered part of this Agreement and available on this website. You must review our Disclaimer Policy by clicking on this link. If you do not accept and agree to being bound by all of the terms of this Agreement, including the www.princessdianevonbrainisfried.com Disclaimer Policy, do not use this Website or our Services.
Choice of Law and Jurisdiction
This Agreement, policy and site will be treated as if it were executed and performed in North Brunswick, New Jersey, and will be governed by and construed in accordance with the laws of the state of New Jersey without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Limited License
Princess Diane Von Brainisfried grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, noncommercial purposes, unless otherwise provided in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Princess Diane Von Brainisfried.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Princess Diane Von Brainisfried.
Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. Copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
Digital Millennium Copyright Act Compliance
Our Website will respond quickly to claims of copyright infringement as found in our Content according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe that any of your copyrights are infringed by our Content, please provide us with a written notice by mail, fax, or email that contains the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Website;
- Your address, telephone number, and email address;
- Your statement that you have good belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- Your statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to notices that substantially comply with the above requirements. We will investigate your claim and notify you by the method of contact you used to file your notice with us.
Eligibility and Registration for Membership
To use our Services you may be required to register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited.
Our Website and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. Princess Diane Von Brainisfried has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration with or without explanation.
When you complete the member registration process, you may receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Content Disclaimer
The opinions expressed on our Website are not necessarily the opinions of Princess Diane Von Brainisfried. Any Blog content provided by our bloggers, other bloggers or others, is of the blogger’s or others’ opinion, and is not intended to malign any religion, ethnic group, club, organization, company, individual, or anyone or anything. The Content may be changed without notice and is not guaranteed to be complete, correct, accurate, timely, current, or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. Members are responsible for their own content where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.
Video Disclaimers
The views and opinions expressed in any videos do not necessarily reflect the official policies or positions of Princess Diane Von Brainisfried. The content and opinions contained in this video are not intended to malign any religion, ethnic group, organization, company or individual.
Princess Diane Von Brainisfried makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability with respect to any content contained within videos on or referenced or linked through this site and they are for entertainment purposes only. Viewers should not rely on any information contained within said videos. (not same language in the video disclaimer lang)
Princess Diane Von Brainsfried is not responsible for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from viewing said videos.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or Content of our Website or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information, or other Content appearing on our Website or Services.
Financial, Legal, and Other Advice Disclaimer
You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Princess Diane Von Brainisfried or any Members or Visitors. You hereby agree that you will not make any financial, investment, legal, health, and/or other decision based in whole or in part on anything contained in our Website, products or Services, or anything.
Affiliates Disclosure
You should assume the owner of this website has an affiliate relationship and/or another material connection, to any suppliers of goods and services that may be discussed here, and may be compensated for showing ads or recommending products or services, or linking to the supplier’s website.
Advertisers and Sponsors Disclaimer
Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in the advertiser’s or sponsor’s materials.
THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY PRINCESS DIANE VON BRAINISFRIED AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.
Disclosure for Reviewing a Company’s Product or Service
Some of the products and services used in reviews may have been sent to Princess Diane Von Brainisfried by their manufacturer or distributer at no charge. My opinions that I share with you about these products or services are those of Princess Diane Von Brainisfried, and not those of the manufacture or distributer.
Merchant and Advertisement Disclaimer
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We
are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.
All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Warranty Disclaimer
Princess Diane Von Brainisfried is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members or Visitors of our Website, or by Princess Diane Von Brainisfried. We do not control what our Members post, transmit or share on our website and we are not responsible for what any Users post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. Princess Diane Von Brainisfried is not responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Princess Diane Von Brainisfried assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of User communications.
Princess Diane Von Brainisfried is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, or any combination thereof, including injury or damage to Members’ or to any other person’s computer, mobile phone, or other hardware or software related to or resulting from using or downloading materials in connection with our Website or Services, including without limitation any software provided through our Website or Services.
Under no circumstances will Princess Diane Von Brainisfried be responsible for any loss or damage, including any loss or damage or personal injury or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
Princess Diane Von Brainisfried reserves the right to change any Content, software, and other items used or contained in our Website or Services at any time without notice. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith by our Website, by third parties, or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
PRINCESS DIANE VON BRAINISFRIED, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. PRINCESS DIANE VON BRAINISFRIED CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. PRINCESS DIANE VON BRAINISFRIED DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OF OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PRINCESS DIANE VON BRAINISFRIED.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
Princess Diane Von Brainisfried, as well as all our Affiliates, will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website or Services, (d) your use of our Website our Content, our services (e) the Content contained on our Website or Services, or (f) any delay or failure in performance of our Website and Services beyond our control.
IN NO EVENT WILL PRINCESS DIANE VON BRAINISFRIED OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF PRINCESS DIANE VON BRAINISFRIED IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PRINCESS DIANE VON BRAINISFRIED’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Member and Visitor Conduct
Members may post their content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service they may be exposed to content that is offensive, indecent, or objectionable. With respect to Member and Visitor Content we do not in any way guarantee its quality, accuracy, or integrity. Princess Diane Von Brainisfried is not responsible for the monitoring or filtering of any Member or Visitor content. Should any Member or Visitor Content be found illegal, Princess Diane Von Brainisfried will submit all necessary information to relevant authorities.
If any Member Content is reported to Princess Diane Von Brainisfried as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Princess Diane Von Brainisfried. If the Member fails to meet such request,
Princess Diane Von Brainisfried has full authority to restrict the Member’s ability to post Member Content OR immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing we have sole discretion to remove any Member or Visitor Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members and Visitors are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members and Visitors will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member or Visitor you agree not to use our Services to do any of the following:
- Upload, post, or otherwise transmit any Member Content that:
- Violates any local, state, federal, or international laws
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
- Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
- Links directly or indirectly to any materials to which you do not have a right to link
- Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or extract information from our Website or Services
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- In the sole judgment of Princess Diane Von Brainisfried is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Princess Diane Von Brainisfried, our affiliates, or our Users to any harm or liability of any type
- Use our Content to:
- Develop a competing website
- Create compilations or derivative works as defined under United States copyright laws
- Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
- Decompile, disassemble, or reverse engineer our Website, Services, and any related software
- Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.
Use of Information
We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and Services in any manner consistent with our Privacy Policy.
All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively ‘Submission’) is considered assigned to us and is our property. We will not be required to treat any Submission as confidential, nor be liable for any ideas (including without limitation product, service, or advertising ideas), and will not incur any liability as a result of any similarities that may appear in our future Products, Services, or operations.
Without limitation we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit and have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon our request.
Links to Other Websites
Our Website may from time to time contain links to third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third party websites. Princess Diane Von Brainisfried has no control over the legal documents and privacy practices of third party websites; you access any third party websites at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.
Payments
You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Refund and Return Policy
To the extent that you purchase any goods directly from us we may refund your purchase price within thirty (30) days of purchase and your notifying us in writing of your desire of the refund together with a reason for the request within said thirty (30) days subject to the return of the Product to us in substantially the same condition as when purchased. Any refund or return may be subject to restocking fees as found on our Website.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. On termination you will stop representing yourself as a registered Member or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty and jurisdictional issues will survive the termination of this Agreement.
Indemnification
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions To Members
We reserve the right to change these Terms and Conditions at any time by giving members advanced notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions, if any, for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
WEBSITE DISCLAIMER
By using this website and or blog, or making a purchase, user agrees as follows:
The information, services and products are sold or given to the user with the understanding that neither the author, seller, nor publisher is engaged in rendering any legal, business or financial advice to the purchaser or to the general public. The views and opinions expressed
are those of the authors and do not necessarily reflect the official policy or position of Princess Diane Von Brainisfried. Any content provided by our bloggers or authors are of their opinion, and are not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything.
Although we make strong efforts to make sure our information is accurate, cannot guarantee that all the information on this website and or blog is always correct, complete, or up-to-date.
By purchasing any of our products or services, user agrees to and is knowingly assuming any and all risk associated with using these products or services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS, SERVICES AND INFORMATION ON THIS WEBSITE AND OR BLOG IS PROVIDED “AS IS” AND WITH ALL FAULTS AND PRINCESS DIANE VON BRAINISFRIED MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, SERVICES AND INFORMATION, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND DIANE VON BRAINISFRIED SPECIFICALLY DISCLAIMS ALL IMPLIED (IF ANY) WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, QUIET ENJOYMENT, AND QUIET POSSESSION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCTS, SERVICES AND INFORMATION LIES WITH USER.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIANE VON BRAINISFRIED OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR USER’S USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES AND INFORMATION, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR REASONABLE CARE), NEGLIGENCE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER CLAIM FOR PECUNIARY OR OTHER LOSS WHATSOEVER, OR FOR ANY CLAIM OR DEMAND AGAINST USER BY ANY OTHER PARTY, EVEN IF DIANE VON BRAINISFRIED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANY DAMAGES USER MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF DIANE VON BRAINISFRIED AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID FOR THE PRODUCTS, SERVICES AND INFORMATION OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement will remain in effect. Princess Diane Von Brainisfried has the right to modify these terms and conditions at any time.
