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WEBSITE TERMS OF USE AGREEMENT FOR MACBETH.COM

Effective October 1, 2011.

By using Macbeth.com, you are agreeing to abide by these Terms of Use. Please read this carefully, because it affects your legal rights.

1. Acceptance of Terms of Use

This Terms of Use Agreement ("Terms of Use") is made by and between SB Lifestyle Brands LLC ("Macbeth") and you ("you," "your" or "User"). These Terms of Use contain the terms and conditions that govern your use of Macbethshop.com ("Site" or "Macbeth Site").

YOU MUST BE 18 YEARS OF AGE OR OLDER TO USE THE MACBETH SITE. By accessing this Site you are representing that you are of such age.

BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS SITE, OR OTHER MACBETH, SERVICES, WEBSITES OR ANY OF MACBETH'S LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY "SERVICES"),YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE, AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. If you do not agree to be bound by the Terms of Use, do not access or use any part of this Site.

MACBETH RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THESE TERMS OF USE IN MACBETH'S SOLE DISCRETION. WE WILL ALSO POST A NOTICE OF SUCH MATERIAL CHANGES ON THE SITE. AT ALL TIMES, THE MOST CURRENT VERSION OF THESE TERMS OF USE, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE SITE. CONTINUED USE OF ANY PART OF THIS SITE AFTER NOTICE IF YOU ARE A MEMBER OR OUR POSTING (IF YOU ARE A NONMEMBER) CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, YOUR ONLY RECOURSE IS TO IMMEDIATELY TERMINATE USE OF THE SITE.

2. Access to This Site

Certain areas of the Site may require a password, and will require the user to register and provide certain data to Macbeth. Macbeth may refuse to offer a password to any person and may change its criteria for access to the password-protected areas of the Site at any time, in its sole discretion. In consideration of use of these portions of the Site, you represent and warrant that, in registering and providing such data to Macbeth: (a) the information about yourself is true, accurate, current, and complete; and (b) you will maintain and promptly update information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Macbeth has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Macbeth has the right to refuse any and all current or future use of the Site by you. All information will be treated in accordance with Macbeth's Privacy Policy, which is incorporated herein by reference. We encourage you to periodically read our Privacy Policy because it may change from time to time.

3. Restrictions on Use

You may use this Site for purposes expressly permitted by this Site. As a condition of your use of the Site, you warrant to Macbeth that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) hyper-link to this Site, without the express prior written permission of an authorized representative of Macbeth. For purposes of these Terms of Use "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Macbeth in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.

You are responsible for maintaining the confidentiality of your passwords, and are fully responsible for all activities that occur under your passwords, whether or not expressly authorized by you. Macbeth reserves the right to refuse you access to the Site or any of its resources, and to terminate or suspend your access at any time.

4. Personal and Non-Commercial Use Limitation

This Site is for your personal and non-commercial use, unless otherwise specified. You may not use this Site for any other purpose, including any commercial purpose, without Macbeth's express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to the Site.

5. Product Purchases

Users may use the Site to purchase products from Macbeth. All online transactions for the purchase of Macbeth products through the Site shall be governed by these Terms of Use.

Users may also use certain portions of the Site to link to third party websites in order to purchase products or services directly from such Vendors. If you purchase products or services from a Vendor on the Vendor's website, the Vendor, and not Macbeth, shall be responsible for all aspects of sales fulfillment generated from orders for Vendor's services and/or products, including, without limitation, processing payments, shipping orders, providing order status information (such as confirmation and shipping status), ordering and stocking inventory, processing exceptions and returns, refunds and credits, and insuring shipments. Macbeth shall take no part in, and have no responsibility or liability for, Vendor sales transactions.

6. Termination or Modification of the Site

You agree that we may at any time, and for any reason, modify, change, terminate or suspend any component(s) of the Site or these Terms of Use, without notice and without liability to you or any third party. We may also impose limits on certain features of the Site or restrict your or any third party's access to part or all of the Site for any reason (including, without limitation, your breach of these Terms of Use) or no reason, without notice or penalty. Upon any termination of your access to the Site or these Terms of Use, the following Sections of these Terms of Use which must survive to fulfill the purposes of these Terms shall survive, including, but not limited to, Sections 3, 4, 5 (last two sentences), 7-19.
You acknowledge and agree that, subject to applicable law, we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Site (or portions of the Site) and you hereby release any such claims. Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to these Terms of Use.

7. Proprietary Information

The material and content accessible from this Site, and any other website owned, operated, licensed, or otherwise controlled by Macbeth (the "Content") is the proprietary information of Macbeth or the party that provided or licensed the Content to Macbeth, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Macbeth, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Macbeth's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.

8. Links to Third Party Sites

This Site may contain hyper-links to third party sites that are not maintained by, or related to, Macbeth. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or Macbeth. Macbeth has not reviewed any or all of such sites and is not responsible for the content of those sites. Macbeth is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Macbeth will not be liable to you or any other party for any costs or damages arising, either directly or indirectly, out of any matter related to such sites. Hyper-links are to be accessed at the user's own risk, and Macbeth makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Site. Macbeth provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Macbeth of that site or any association with its operators.

9. General Practices Regarding Use and Storage

You acknowledge that Macbeth may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that Information will be retained by the Site. You agree that Macbeth has no responsibility or liability for: (i) the deletion or failure to store any messages and other communications or other content maintained by or transmitted through the Site; or (ii) Macbeth's election, in its sole discretion, to retain any such messages or other communications or content transmitted through the Site. You further acknowledge that Macbeth reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. User Conduct

The Macbeth Site may contain posting areas, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and content that is proper and related to the particular Communication Service.

Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site any material that:
i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
ii) advocates illegal activity or discusses an intent to commit an illegal act;
iii) is vulgar, obscene, pornographic, or indecent;
iv) does not pertain directly to this Site;
v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing or threatening;
vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
viii) violates any law or may be considered to violate any law;
ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
xvi) amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys;
xvii) disobeys any policy or regulations including any code of conduct, Privacy Policy or other guidelines, established from time to time regarding use of this Site or any networks connected to this Site; or
xviii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Macbeth reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Macbeth reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Macbeth also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to protect our rights or the rights of others, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Macbeth nor any third party that provides Content to Macbeth will assume or have any liability for any action or inaction by Macbeth or such third party with respect to any submission. Macbeth cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Macbeth does not control or endorse the content, messages or information found in any Communication Service and, consequently, Macbeth specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Macbeth spokespersons, and their views do not necessarily reflect those of Macbeth. By use of the Site you release Macbeth from liability for removing or refusing any information.

As set forth in more detail in Macbeth's Privacy Policy, any information you give Macbeth, including submissions to online posting areas, is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. Review Macbeth's Privacy Policy for complete details on how Macbeth treats information it gathers from users.

11. Submissions

You hereby grant to Macbeth the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Macbeth through this Site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Macbeth will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Macbeth operations.

12. Disclaimer

You understand that Macbeth cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. Macbeth does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Macbeth.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. MACBETH DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. MACBETH DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MACBETH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MACBETH MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT MACBETH, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. MACBETH MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Macbeth does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer accurate or complete.

13. Limitation on Liability

MACBETH, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MACBETH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MACBETH AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO MACBETH FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

14. Termination of Restriction of Access

Macbeth reserves the right, in its sole discretion, to terminate your access to any or all of the Site and the related services or any portion thereof at any time, without notice.

15. Indemnity

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, consultants, advisors, experts, officers, directors and employees, agents, successors and assigns harmless from any claim or demand, liability, judgment, damage, expense or loss, including reasonable court costs and attorneys' fees, made by any third party arising out of or relating to (a) your use of or access to the Site or the content or your linking to or emailing the Site, (b) the violation of these Terms of Use by you, or (c) the infringement by you, or any other person using your passwords or account, of any intellectual property or other right of any person or entity or (d) your submission of any material to Macbeth or from any person's use of any account or password you maintain with any portion of the Site, regardless of whether such use is authorized by you.

16. Trademarks and Copyrights

Trademarks, service marks, logos, and copyrighted works appearing in this Site are the property of Macbeth or the party that provided the trademarks, services marks, logos, and copyrighted works to Macbeth. Macbeth and any party that provided trademarks, service marks, logos, and copyrighted works to Macbeth retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Site.

All contents of the Macbeth Site that are not the coyrighted property of a third party who provided those contents to Macbeth are: Copyright 2009. SB Lifestyle Brands LLC. All rights reserved.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the customercare@macbeth.com and reference 'Copyright Infringement' in the subject line. Macbeth will not respond to inquiries where it determines no infringement has occurred.
If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:

    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

17. Security

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Macbeth reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Macbeth reserves the right to investigate suspected violations of these Terms of Use.

Macbeth reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Macbeth to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS MACBETH, ITS AFFILIATED, DIRECTORS, OFFICERS AND EMPLOYEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MACBETH DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MACBETH OR LAW ENFORCEMENT AUTHORITIES.

18. Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and Macbeth arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Los Angeles, California.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Macbeth as a result of these Terms of Use or use of the Site.

These Terms of Use and the Privacy Policy constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Macbeth with respect to the Site.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain.