ACCEPTANCE OF TERMS
PHILAROOMS CATALOG ACCOUNTS
To access some parts of the site, visitor have to create a Philarooms Catalog account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Philarooms immediately of any breach of security or unauthorized use of your account.
Although Philarooms will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Philarooms or others due to such unauthorized use.
Philarooms.com reserves the right to refuse registration of, or cancel a Philarooms Catalog Account at its discretion.
GENERAL USE of the WEBSITE—Permissions and Restrictions
Philarooms hereby grants you permission to access and use the Website as set in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Website without Philarooms’ prior written authorization.
- You agree not to alter or modify any part of the Website.
- You agree not to access Philarooms’ content through any technology or means other than the pages of the Website itself, or other explicitly authorized means Philarooms may designate.
- You agree not to use the Website for any commercial use, without the prior written authorization of Philarooms. Prohibited commercial uses include any of the following actions taken without Philarooms’ express approval:
- sale of access to the Website or its related services on another website;
- use of the Website or its related services, for the primary purpose of gaining advertising;
- use of the Website or its related services that Philarooms finds, in its sole discretion, to use Philarooms’ resources with the effect of competing with or displacing the market for Philarooms.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Philarooms servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Philarooms grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Philarooms reserves the right to revoke these exceptions either generally or in specific cases.
- In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
- Philarooms reserves the right to discontinue any aspect of the Catalog.Philarooms Website at any time.
ACCOUNT TERMINATION POLICY
Catalog.Philarooms will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer. In addition, any activity which may be regarded as an abuse of the Website and/or which may be suspected as possibly harmful to the Website or its users may cause an immediate deactivation of a User’s account without prior notice.
YOU AGREE THAT YOUR USE OF THE CATALOG.PHILAROOMS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CATALOG.PHILAROOMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CATALOG.PHILAROOMS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CATALOG.PHILAROOMS WEBSITE. PHILAROOMS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CATALOG.PHILAROOMS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PHILAROOMS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION of LIABILITY
IN NO EVENT SHALL PHILAROOMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PHILAROOMS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PHILAROOMS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Philarooms, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Catalog.Philarooms Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Acts caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Catalog.Philarooms Website.
ABILITY to ACCEPT TERMS of SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Philarooms Website is not intended for children under 18. If you are under 18 years of age, then please do not use the Philarooms Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Philarooms without restriction.
You agree that: (i) the Catalog.Philarooms Website shall be deemed solely based in Sofia, Bulgaria; and (ii) the Catalog.Philarooms Website shall be deemed a passive website that does not give rise to personal jurisdiction over Philarooms, either specific or general, in jurisdictions other than Sofia, Bulgaria. These Terms of Service shall be governed by the internal substantive laws of the State of Bulgaria, without respect to its conflict of laws principles. Any claim or dispute between you and Philarooms that arises in whole or in part from the Catalog.Philarooms Website shall be decided exclusively by a court of competent jurisdiction located in Sofia, Bulgaria. These Terms of Service, together with the Privacy Notice and any other legal notices published by Catalog.Philarooms on the Website, shall constitute the entire agreement between you and Philarooms concerning the Catalog.Philarooms Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Philarooms’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Philarooms reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Catalog.Philarooms Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND PHILAROOMS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PHILAROOMS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.