Morphew Terms and Conditions
Updated as of August 8, 2014
Terms and Conditions
Access to and use of this website (this “Website”) and the products and services available through this Website are subject to the following terms, conditions and notices (these "Terms"). By using the Services, you are agreeing to all of the Terms, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms. These Terms govern and apply to anyone accessing or using the websites located at www.shopmorphew.com, any mobile application(s), blog(s), and/or any other websites owned or controlled by Morphew LLC (including any of its affiliates or subsidiaries and any of their related web pages (collectively, "Morphew," "we," "us" or "our"). The offerings made available to you through any Morphew websites shall collectively be referred to as the “Services”.
These Terms tell you the terms and conditions on which we supply to you any of the products ("Products") listed on the Services. The following Terms apply when you order Products from the Services. Please read these Terms carefully before ordering any Products. You should understand that by ordering any of our Products, you agree to be bound by these Terms.
By accessing or using the Services, including making any product purchases through the Services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; (3) that you have the right, authority, and capacity to abide by these Terms; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.
Our Products; Vintage Apparel Disclaimer
Our Products, except where expressly stated, are in vintage condition, meaning that it is in second-hand condition. This means that there are minor signs of wear and tear. When purchasing a used vintage apparel item it is normal to expect some natural wear of the item, due to the age of the garment and it's previous use. We strive to provide you vintage in the best condition possible. We encourage you to refer to the VINTAGE CONDITION CHART before purchasing your order. If you have any specific questions about a vintage item, contact firstname.lastname@example.org and we will be happy to give you a more detailed description.
Please note that all items have measurements. We encourage you to take the time to check the measurements before purchase. You can refer to our Measurements Guide below for more information. We recognize that a gross misinterpretation may occur. In this case, please contact us and we will be happy to assist you.
All items shown on the website are unique, individual pieces, subject to availability. Form time to time, Morphew offers its products for sale at its showroom, at trunk shows, and at other market venues in addition to this website, and cannot guarantee availability of any item. If you have placed and order for an items that is no longer available, Morphew shall promptly inform you of the same and issue a refund for any payment. By using this Website and/or placing any order on Shopmorphew.com, you acknowledge and accept these terms.
Regarding other logos, slogans, symbols etc:
Shopmorphew.com" and other marks indicated on this Website are trademarks or registered trademarks of "Shopmorphew.com", or its subsidiaries (collectively "Morphew"), in the United States, Canada and/or other jurisdictions. Morphew's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Morphew. Morphew's trademarks and trade dress may not be used in connection with any product or service that is not Morphew's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Morphew. All other trademarks, logos or slogans not owned by Morphew that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Morphew.
VINTAGE CONDITION CHART
Perfect: No visible signs of wear, no flaws, brand new look
Nearly Perfect: Like new, no visible flaws
Very good: Has been worn, minor flaws, possibly repaired
Good: Some flaws, wearable and repairable
Fair: Numerous flaws, needs a repair, wearable
Poor: Damaged, possibly wearable, used for design or study
All items are cleaned prior to your receiving them unless cleaning will risk damaging the item.
We guarantee 100% authenticity of Products which are stated in the item description to be the designer label indicated. By accepting these Terms you confirm that you have understood the description of the Product including any imperfections.
All Products are measured lying flat.
Clothing items are measured in the following way:
Shoulder - from seam to seam at shoulder;
Waist – from side to side across the garment and doubled for total waist size;
Overall length – from shoulder of the garment down to the hem;
Bust – from armpit to armpit across the garment and doubled for total bust size;
Hips – from side to side across the garment and then doubled for total hip size.
Accessories are measured in the following way:
bags and wallets are measured by width, height, depth, handle drop and strap length;
bracelets are measured by width, length or inner and outer circumference;
rings are measured by circumference;
scarves are measured by width and length;
belts are measured by width, length and the minimum and maximum hole measurements;
gloves are measured by the width at the fullest part of the hand and length from the tip of the middle finger to the cuff;
hats are measured by the height, inside circumference and brim depth;
earrings and necklaces are measured by width and drop;
brooches are measured by width and length;
glasses are measured from arm to arm and the width and length of the lens.
Limited Rights to Access and Use; Morphew’s Revocation Rights
Access to this Website and the Services is permitted on a temporary basis. If you do not want to be bound by these Terms, do not use or access any part of the Services. Morphew will not be liable to you or any third party if for any reason this Website or any related Services are unavailable at any time or for any period, or for any temporary or permanent termination of your access to the Services or any portion thereof.
Access to this Website is subject to our right to revoke or amend the Services without notice at any time. Any use of the Services by you after such amendments go into effect shall constitute and be deemed your agreement to these terms. In the event of such termination, you are no longer authorized to access the Services, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.
In the event of termination of the Services, you will still be bound by your obligations under these Terms and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein.
All information, text, graphics, illustrations, images, trademarks, trade dress, photographs, logos, data, descriptions, designs, icons, video clips, audio clips, sounds, files, copyrighted material, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Services are owned by Morphew and/or third parties, and are collectively referred to as "Content." The Content may contain omissions, errors, or may be out of date. Morphew reserves the right to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you in its sole discretion. The Content is provided for informational purposes only and is not binding on Morphew in any way except to the extent that it is specifically indicated to be so.
We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Services are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT MORPHEW IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.
Any concerns regarding Content and/or availability of hyperlinks of a third party on the Services, which are not controlled by Morphew, should be directed to the third party that controls such Content or hyperlink. If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable it from the Services.
User-Generated Content (Content You Provide)
By Submitting User Generated Content to the Services, you grant, and you represent and warrant that you have the right to grant, to Morphew, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. Such User Generated Content will not be treated as confidential information. In addition, by posting or allowing Morphew or a third party to post User Generated Content to any public area of the Services, you grant Morphew all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.
You agree that you shall not use the Services to Submit any User Generated Content that (i) is misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another's privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party or (ii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services, including but not limited to a virus, trojan horse, worm, or time bomb.
Do not wish submit User Generated Content to the Services if you do not wish Morphew to use such content. You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content. Morphew reserves the right at any time and for any reason to remove any User Generated Content from the Services. User Generated Content does not represent the advice, views, opinions or beliefs of Morphew, and Morphew makes no claim of accuracy of any User Generated Content.
Intellectual Property, Software and Content
The website and all Content, features and functionality that appears as part of or on the Services are the property of Morphew and/or a third party (which may be indicated by a link to or from an external source, or otherwise). The Services as a whole and all Content thereon is protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable. You may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, frame, transfer, or sell any Content obtained from, through or on this Services, in whole or in part. Any use of the Content, except as specifically provided in these Terms, is strictly prohibited. Content is provided through the Services “AS IS”, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Morphew be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Services.
Limited License; Personal, Business, and Non-Commercial Use Limitation of the Content and Services
You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Services, but only while accessing the Services. You agree that you are only authorized to visit, view and retain a copy of any websites or webpages of the Services for informational, non-commercial and your own personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Services for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms.
You agree and acknowledge that you may only access or use the Services solely for your personal and non-commercial use, and solely for legal purposes as allowed by these Terms. (International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content.) For any portion of the Services that requires a user name and/or password, you are responsible for all use of your account and for ensuring that all use of your account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.
Morphew may make available software or applications that you can download (to your computer or mobile device) to access and use the Services. As long as you comply with these Terms, you have the right to use the software to access and use the Services for your own personal use. This license is for the sole purpose of enabling you to use and enjoy the Services in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
In the event Morphew offers any application for your computer or any mobile device, when you download our software from the Apple App Store, Google Play or other app store or distribution platform (from an “App Provider”) on your mobile or other device, you shall be deemed to acknowledge and agree that:
These Terms are concluded between us, and not with the App Provider, and that Morphew (not the App Provider), is responsible for our software.
The App Provider has no obligation to furnish any maintenance and support services with respect to our software or handle any warranty claims.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to our software, such as, product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our software fails to conform to any applicable legal or regulatory requirement.
The App Provider is a third party beneficiary of these Terms as related to your license of our software, and the App Provider will have the right to enforce these Terms as related to your license of our software against you.
You must also comply with all applicable third party terms of service when using our software.
You agree that from time to time, our software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software. You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
Amongst other things, you agree that you are strictly prohibited from and shall not do any of the following:
modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content provided through or obtained from the Services, including without limitation
engage in the practice of "screen scraping," or any other similar activity;
corrupt data or hack into any aspect of the Services or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with the Services;
damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the Services;
violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
access or attempt to access any password-protected, secure or non-public areas of the Services without the express permission of Morphew.
commit, facilitate or encourage a criminal offense; transmit or distribute a virus, Trojan horse, worm, logic bomb, or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
cause annoyance to other users or send any unsolicited advertising or promotional material, commonly referred to as "spam";
infringe upon the rights of any other person's proprietary rights;
attempt to affect the performance or functionality of any computer facilities of Morphew or its partners involved in the operation and maintenance of this Website.
deep-link to the Services or any website or webpage thereof for any purpose, unless specifically authorized by Morphew;
Use of any of Morphew’s trademarks as metatags on other networks;
use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Services, or transmit any worms or viruses or any code of a destructive nature on or to the Services.
use the Services for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms. Illegal and/or unauthorized uses of the Services, including, but not limited to, unauthorized framing of or linking to the Services or unauthorized use of any robot, spider, or other automated device on the Services, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Terms of Sale; Risk of Loss
By placing an order with Morphew, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute Morphew’s acceptance of an order. We retain the right to refuse any request made by you.
Morphew reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Morphew, for any reason whatsoever. Morphew reserves the right to limit the number of items ordered and to refuse service to you without prior notification. Verification of information may be required prior to our acceptance of an order. In the event that an item lists an incorrect price, either due to typographical or other error, Morphew shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, Morphew shall credit your account in the amount of the incorrect price.
All features, specifications, products, prices of products and services, discounts, promotions and offers described on our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Services are quoted in U.S. dollars.
Please see our Customer Care webpage and all related webpages for other terms of sale, including information on shipping, delivery and tracking, the ordering and payment process, returns, refunds and exchanges, pricing, gift cards, product availability, no resale policy, and other helpful information. Morphew reserves the right to restrict delivery to addresses within or outside of the United States. Shipping and handling fees and applicable sales/use tax will be added by Morphew as necessary (please see our Ordering, Shipping & Return Policy webpages and all related webpages for further information).
The risk of loss and title for product(s) purchased by you pass to you upon our delivery of the product(s) to the carrier.
Violation of These Terms
You agree that monetary damages may not provide a sufficient remedy to Morphew for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.
DISCLAIMER AND LIMITATION OF LIABILITY
A. Disclaimer. MORPHEW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE(S) BY MORPHEW OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL PRODUCTS SOLD BY MORPHEW ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, WE MAKS NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. MORPHEW MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SERVICES OR LINKED TO FROM THIS SERVICES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability. IN NO EVENT SHALL MORPHEW BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS SERVICES OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MORPHEW HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, MORPHEW’S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.
C. ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
D. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
You agree to indemnify, defend and hold harmless Morphew, its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, (a) made by any third party due to or arising out of any Content Submitted, posted, or otherwise provided by you to the Services, Morphew and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these Terms, any warranty you provide herein, or otherwise arising in any way out of your use of the Services or purchase of the products or services therefrom. Morphew reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Morphew in asserting any available defenses.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
If Morphew authorizes you to deep-link your website or a service offered by your website to the Services, in addition to and notwithstanding anything to the contrary, you understand and agree that: (1) Morphew has no obligation to continue to provide or make the service or the Services available; (2) all conditions, disclaimers and limitations on use set forth in these Terms remain in full force and effect; (3) all intellectual property rights relating to Morphew and its technology and Content, including all ownership rights, remain the exclusive property of Morphew; (4) you will be solely responsible for the data and content that you publish on your website; and (5) Morphew may terminate your access to the Services at any time in its sole discretion.
Morphew reserves the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in Morphew’s sole discretion, and including, but not limited to, (i) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (iii) personal attacks or describes physical confrontations and/or sexual harassment, (iv) language that violates the standards of good taste or the standards of this Services, (v) content that is illegal, or a violation of any federal, state, or local law or regulation, or the rights of any other person or entity, (vi) language that is intended to impersonate other users or is offensive or uses inappropriate user names, or (vii) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or the Services.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Morphew and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Morphew.
General Legal Provisions
These Terms, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, U.S.A., for all disputes arising out of or relating to accessing or using the Services. Access to or use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs. No joint venture, partnership, employment or agency relationship exists between you and Morphew as a result of these Terms or use of the Services.
If any provision in these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Morphew’s performance of these Terms is subject to existing laws and legal process, and nothing contained in this these Terms is in derogation of Morphew’s right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved. These Terms are the entire and final agreement regarding your access to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
© Morphew LLC 2014, all rights reserved.
All materials on the Services are owned and copyrighted or licensed by Morphew, its affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Services is permitted without the written permission of Morphew. Any rights not expressly granted herein are reserved by Morphew.
Morphew respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Morphew’s copyright agent the written information specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Pursuant to Title 17, United States Code, Section 512 (the “Digital Millennium Copyright Act”), notices of claimed copyright infringement on the Website should be sent to Morphew’s copyright agent at the address below:
Morphew LLC 9663 Orchid Drive
Largo, FL 33777 ATTN: DMCA Copyright Agent Phone: (727) 459-4308
Please note that this procedure is exclusively for notifying Morphew and its subsidiaries that your copyrighted material has been infringed.
Morphew and all related names, logos, product and service names, designs and slogans are trademarks of Morphew or its affiliates or licensors. Such marks cannot be used without the prior written permission of Morphew. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners. For more information on the trademarks of Morphew, please contact us at the address noted above.