As of 10 October 2012
- copyright, trademark and other
- intellectual property protection
- no warranties
- limitation of liability and indemnity
Thank you for visiting our Web Site ("Site"). YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE. These Legal Conditions govern the use of and access to this Malbus.net website.
Copyright, trademark and other intellectual property protection
This Site as a whole, and all material on this Site, is protected by copyright and other intellectual property rights. See separate copyright and trademark notice for further information.
You agree that any and all suggestions, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to Malbus through this Site or by other means ("Submissions") are neither confidential nor proprietary to you. All submissions become property of malbus upon submission to Malbus. By making a Submission to Malbus, you assign to Malbus all rights, title and interests, including copyrights, in the Submission. Malbus has no obligation (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; or (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that Malbus has the right (but not the obligation) to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.
This Site may contain links to other websites. Malbus is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. Malbus does not, by linking to another site, or by making reference to any third-party information, products or services, endorse those sites or materials. Any questions or comments relating to any other site should be addressed to the operator of those sites. No linking to this website is permitted without Malbus prior written permission.
The MALBUS products depicted on this Site are representative of the Malbus collection. Not all MALBUS products are shown in this Site. Not all products shown on this Site are available at Malbus stores. The style, designs and colors of the MALBUS products shown in this Site may be changed without notice.
Material in this Site may contain inaccuracies or typographical errors. Malbus is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.
This site and the contents of this site are provided on an "as is" and "as available" basis. Malbus makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or trojan horses) or implied warranties of merchantability or fitness for a particular purpose, with respect to this site or its contents and expressly disclaims any representations and warranties. Malbus does not represent or warrant that the information contained in this site is accurate, complete or up-to-date, that this site is free of defects or that any defects will be remedied. You agree, by using this site, that your use of this site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that Malbus shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this site. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.
Limitation of liability and indemnity
In no event shall Malbus be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever, even if Malbus has been previously advised of the possibility of such damages, whether in an action under contract, tort or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products and materials on this site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitations may not apply to you.
Malbus shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these legal conditions if the same is wholly or partly caused by circumstances beyond our reasonable control.
You agree to defend, indemnify and hold harmless Malbus, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to your use of this Site.