II. USE OF THE WEBSITE
You agree to access and use the Website only for lawful reasons. You are solely responsible for knowing and complying with any and all laws, statutes, rules and regulations pertaining to your use of the Website. You are prohibited from using the Website in a way that:
- is unlawful, threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Twin Marquis deems in its sole discretion to be inappropriate;
- violates any law, regulation, or court order;
- accesses, collects or stores personal information about others;
- violates or infringes the rights of anyone else, including, for example, another person’s right to privacy;
- impersonates any person, business, entity, or IP address (e.g., IP spoofing);
- involves uploading, posting, emailing, transmitting or otherwise making available any materials that you do not have a right to make available under any law;
- is commercial in nature, including, for example, advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages;
- gains or tries to gain unauthorized access to the Website, its computers and networks, or its user data, or that otherwise modifies or interferes with the use or operation of the Website;
- imposes an unreasonable or disproportionately large data or communication load on Twin Marquis’ or Twin Marquis’ business partners’ infrastructure and systems, including but not limited to transmitting spam or using other unsolicited mass emailing techniques;
- alters, damages, or deletes any content posted on the Website;
- contains, shares or transmits computer viruses or other disruptive, damaging or harmful files or programs; or
III. LINKS TO THIRD PARTY WEBSITES
The Website may contain links to websites owned by other companies including, but not limited to, social media websites such as Facebook and Twitter. These links are provided solely as a convenience to you. If you use these links, you will be redirected to the respective external website. Twin Marquis is not responsible for any of these third-party websites or their content. If you decide to access any of the third-party websites that are linked from the Website, you do so entirely at your own risk.
IV. LINKS TO WEBSITES OF TWIN MARQUIS’ AFFILIATES AND SUBSIDIARIES
Throughout the Website, Twin Marquis will provide information about Twin Marquis’ domestic and foreign affiliates and subsidiaries (“Affiliates”) and provide links to each of Affiliates’ website. Each of Affiliates is an independent legal entity. In particular, Affiliates cannot accept or receive service of process on behalf of another. Affiliates are not legally liable for another unless specifically agreed to in writing to assume such liabilities. This Website does not establish any nexus between the Affiliates.
V. FEEDBACK SUBMISSION
If you submit a comment, suggestion or any other material (“Feedback”) to Twin Marquis (excluding any illegal content), you hereby assign all ownership in and to such Feedback to Twin Marquis, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you, subject to the terms and conditions of the Privacy Notice. To the extent the foregoing is deemed ineffective, you also hereby grant to Twin Marquis a non-exclusive right to use, display, reproduce, modify and distribute the Feedback in whole or in part, anywhere in perpetuity in any and all media, whether alone or together or as part of any material of any kind or nature. Without limiting any of the foregoing, Twin Marquis will have the right to use, copy, display, perform, distribute, modify and re-format Feedback in any manner in accordance with the Privacy Notice. By submitting the Feedback, you represent and warrant to Twin Marquis that you have all necessary rights in and to such Feedback and all information it contains and that such Feedback does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
VI. OWNERSHIP OF INTELLECTUAL PROPERTY
VII. DISCLAIMERS AND LIMITATION OF LIABILITY
1. Disclaimer of Liability
Neither Twin Marquis, its brands, Affiliates, agents, directors, officers, employees nor contractors (including any party involved in creating, producing or delivering the Website or their content) shall be liable to you or any other party for (i) any improper or incorrect use of the information described and/or contained herein or (ii) any consequential, indirect, incidental, special, or punitive damages (including without limitation those resulting from lost profits, lost data or business interruption) in connection with the Website, even if Twin Marquis, its brands, Affiliates, agents, directors, officers, employees or contractors are aware of the possibility of such damages. These limitations apply to all claims, damages, liability or injuries, including, without limitation, claims in warranty, contract and tort (such as negligence, product liability and strict liability). Some states do not allow the exclusion or limitation of incidental or consequential damages, so those particular limitations may not apply to you. Without limiting the foregoing, the website, including the content provided on the Website, are provided on an “as is, as available” basis without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume responsibility for the entire cost of all necessary maintenance, repair, or correction to your computer system or other property.
2. Disclaimer of Accuracy of Content
Twin Marquis makes no warranties or representations as to the accuracy, completeness or timeliness of the content provided on the Website. Twin Marquis assumes no liability or responsibility for any errors or omissions on the Website. No warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any content. This disclaimer applies to both isolated and aggregate uses of the content.
4. No Waiver
VIII. APPLICABLE LAW
Any dispute arising out of your use of the Website or content from the Website shall be resolved according to the laws of the State of New York, United States of America, without giving effect to that state’s principles of conflicts of laws. The federal and state courts in Kings County, New York shall have exclusive jurisdiction over all claims.
IX. INTERNET PRIVACY AND SECURITY
The Privacy Notice is available on the Website, www.twinmarquis.com. This Privacy Notice may change from time to time, so review it with regularity and care. The Privacy Notice governs how the information that you provide to and the data from your use of the Website may be collected, used, disclosed and shared. By using the Website, you consent to the collection, use, disclosure and sharing as described in the Privacy Notice.
XI. CONTACT US
Effective Date: August 20th, 2020