Robert Marc

TERMS OF USE

Thank you for visiting our website. This site (the “Site”) is operated by Robert Marc (hereinafter the “Company”, “we”, “us”, “our” and/or similar references). BY ACCESSING OR USING THIS SITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE (THE “TERMS OF USE”). 

Your Use of our Website
You may use the Site only in accordance with and subject to these Terms of Use and the Site’s Privacy Policy (the “Privacy Policy”) and all applicable laws and regulations. We make no representations that materials on the Site are appropriate or available for use in locations other than the United States. Those who choose to access this Site from locations outside the Unites States do so on their own initiative and are responsible for compliance with all local laws. If you do not agree to and accept, without limitation or qualification, these Terms of Use (“TOU”), please exit our Site.  You may not use or export the contents of the site in violation of U.S. export laws and regulations.

Your Communication on our Site
Our Site enables you or may in the future enable you to submit comments, ideas and questions (“Submission(s)”).   Please be aware that any Submissions you communicate to the Company through the Site or otherwise will be treated as non-confidential and non-proprietary.  All rights, title and interest in such Submissions shall be the exclusive property of the Company with no compensation to you, and we may use such Submissions in any way, without limitation, without compensation to you. To be clear, we have the right but not the obligation to monitor, decline, translate, modify, reformat, edit, distribute, derive, remove, transmit, display and perform, publicly or otherwise, all or any portion of any Submission in any media now known or hereafter developed for the Company’s business purposes and to sublicense the foregoing rights, through corporate structures to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of these Terms of Use for any reason.

Furthermore, for each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted herein (including any music or sound rights embedded therein) and that such Submissions and the submission thereof to our Site complies with all applicable laws, rules and regulations and does not infringe on the intellectual property or other rights of any third party. Your further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. Additionally, you acknowledge and agree that the Company may have something similar to the Submissions already under consideration or in development.  The Company has no control over and shall have no liability for any damages related to or resulting from the use of your public Submissions by a third party. If you choose to make any of your personally identifiable or other information publicly available in a Submission, you do so at your own risk. However, any personal data, such as your name, address, telephone number or email address, which you transmit to our Site electronically shall be used in accordance with our Privacy Policy.

Permitted Uses and Restrictions

Personal, Non-Commercial Use.  You may view our Sites and you are welcome to print hard copies of written material on it for your personal, non-commercial use.  All other copying without prior written permission, whether in electronic, hard copy or other format is prohibited and all other rights are reserved.  You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark belonging to Company or its affiliates as part of the link without the Company’s express written permission.

Inappropriate Web Activity.  You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes anyone’s rights. Notwithstanding any other rights or restrictions in these TOU, you may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

Use of Automated Systems.  You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Company’s 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.  Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.  The Company reserves the right to revoke these exceptions either generally or in specific cases.   

Links

This Site may contain links to other sites.  The Company is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites.  Any link to another site and reference to third-party information, products or services linked to by this Site, is not, and should not be construed as, an express or implied endorsement by the Company.  Any questions or comments relating to such other sites should be addressed to the operators of those Sites.

Copyright

The Site and all its contents including, but not limited to, all Site design, text, graphics, the selection and arrangement thereof (“Content”), are our copyright with all rights reserved unless otherwise noted. Any Content that is a trademark, logo or service mark is also a registered and/or unregistered trademark of The Company or others. Your use of any Content, except as provided in these Terms of Use, without the prior written permission of the Content owner is strictly prohibited. You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law. 

You may not copy, use or retransmit anything from or on the Site without permission. You may download one copy of the contents of the Site to one computer for your personal and noncommercial home use provided you do not change any copyright, trademark or other proprietary notice. Any commercial or promotional distribution, publishing or exploitation of the Site or any of its content, code, data or materials thereon is strictly prohibited. You are prohibited from engaging in any conduct that interferes with the technological operation of the Site or that tampers with any copyright protection applicable to the content of the site. Ignoring this policy may result in copyright, trademark or other intellectual property violations.

Trademarks

Our Site includes protectable service marks, trademarks and trade dress owned and/or licensed by the Company and its affiliates.  Any use of our service marks, trademarks or trade dress including, reproduction for purposes other than those noted above, modification, distribution, or republication, without the prior written permission of the Company, is strictly prohibited. All trademarks not owned or exclusively licensed the Company and its affiliates that appear on the Site are the property of their respective owners.

Patents

Some of the products shown on our Site are covered by one or more patents including, without limitation, U.S. Patent Nos. D459,748; 7,043,796; and/or D516,605.

General Disclaimer

We provide our Site, including without limitation its contents, on an "as is" basis and make no representations or warranties of any kind with respect thereto.  In addition, although we make an effort to keep our Site current and accurate, we do not represent or warrant that the information accessible via our Site is accurate or complete and current pricing and availability information is subject to change without notice.  The Company assumes no responsibility for any problems or technical malfunction to telephone networks or lines, computer online systems, servers or providers, computer equipment, software, failure of email, email traffic congestion or any combination thereof, including any injury or damage resulting from any such problems or malfunctions.  THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY AND ACCURACY (ALL OF WHICH ARE DISCLAIMED).  The Company does not represent or warrant that your use of the site will be uninterrupted, error free, secure, free of viruses or other harmful components, or that the content is accurate or correct. Your use of this site is solely at your own risk. Because some jurisdictions do not permit the exclusions of certain warranties some of these exclusions may not apply to you.

Limitation of Liability
Under no circumstance shall the Company or the managers, directors, officers, employees, agents, contractors, counsel, successors and assigns for the Company or any affiliates be liable to you or any third party for any damages or injury whether direct, indirect, punitive, incidental, special or consequential that results from loss of data, loss of income or profit, the use of or inability to use this site or any portion thereof including, without being limited thereto, any offering that may be made therein, even if the Company has been advised of the possibility of such damages.  This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the Company had been advised of the possibility of such liability. The total liability of the Company to you for all losses, damages and causes of action (in contract, tort, including without limitation, negligence or otherwise) will not be greater than the amount you paid to access the Site. Because some jurisdictions do not allow the exclusion of incidental or consequential damages the liability of the Company in such jurisdiction shall be limited to the extent permit by the law thereunder.

Indemnity

You agree to defend, indemnify and hold harmless the Company and any other party involved in creating, producing or delivering the Site, and their respective directors, members, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation lawyers' fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of these Terms of Use by you or through your account; or (c) any allegation that any Submission infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

Termination

You agree that the Company, in its sole discretion and without prior notice, may terminate, suspend or limit your access to or use of the Site at any time and for any reason.  Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) a breach or a violation of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Site (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, and/or (f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in the Company's sole discretion and that the Company shall not be liable to you or any third party for any termination of your access to the Site.  Upon any such termination, your right to use the Site will immediately cease.  You agree that neither the Site nor the Company will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.

Filtering

Pursuant to 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following web site: http://www.stayafe.org.

Children

This Site is designed and intended for use by adults only. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this Site.

Notices

The Company may provide you with notices, including those regarding changes to the TOU, by means including but not limited to email, regular mail, SMS, MMS, text message, postings on the Site, or other reasonable means now known or hereafter developed.  Such notices may not be received if you violate this TOU by accessing the Site in an unauthorized manner. Your agreement to this TOU constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Site in an authorized manner.

Information, Complaints or Violations

If you have a question or complaint regarding the Site, or if you would like to report a violation of these TOU, please send an e-mail to using this contact form or writing to us at: Robert Marc, 450 West 15th Street, Suite 605 New York, NY 10011.

Void Where Prohibited

Although this Site is accessible worldwide, not all services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.

General Information

Ability to Accept Terms of Use.  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 Use, and to abide by and comply with these Terms of Use.  In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13.  

Entire Agreement.  Unless otherwise specified herein, these TOU, together with the Privacy Policy, constitute the entire agreement between you and the Company with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Site.  These TOU govern your use of the Site, superseding any prior version of the TOU between you and the Company with respect to the Site.

Choice of Law and Forum. You and the Company each agree that the TOU and the relationship between the parties shall be governed by the laws of the State of New York without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOU, or the relationship between you and the Company, shall be brought exclusively in the courts located in the county of New York, the U.S. District Court for the Southern District of New York. You and the Company agree to submit to the personal jurisdiction of the courts located within the county of New York, Southern District of New York, and agree to irrevocably waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.  In addition, you expressly waive any right to a jury trial in any legal proceeding against the Company or their respective officers, members, directors, employees, agents or successors under or related to these Terms of Use.

Waiver and Severability of Terms. The failure of the Company to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

Assignment.  These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. 

No Third-Party Beneficiaries.  You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Titles.  The section titles in the TOU are for convenience only and have no legal or contractual effect.

Terms and Condition Changes

The Company may, at any time, revise these Terms of Use by updating this posting. You continued use of our Site indicates your consent to such Terms of Use. You are bound by any revisions and should therefore periodically visit this page to review the then current Terms of Use. 

These Terms of Use were last modified July 1, 2013.