These Terms and Conditions ("Terms") apply to the web site located at www.macsales.com and all associated sites linked to www.macsales.com by OWC, its subsidiaries and affiliates ("Site"). The Site is the property of OWC and its licensors. IF YOU VISIT OR SHOP AT THE SITE, YOU ACCEPT THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
OWC reserves the right to modify these Terms at any time. It is your responsibility to check the Terms periodically for changes. Continued use of the Site following posting of changes means you agree to the changes. OWC may make changes to any products or services offered, or to the applicable prices for any such products or services, at any time, with or without notice.
All text, graphics, interfaces, pictures, trademarks, logos, sounds, music, art, Videos, and code ("Content"), including but not limited to the design, selection, "look and feel", compilation, and arrangement of such Content, is protected by copyright, trademark, and various other intellectual property laws. VOYAGER trademark used under a license from the owner of U.S. Registration No. 3,089,301. All rights reserved. Except as expressly provided in the Terms, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial purpose, without OWC 's prior written consent.
All Site Instructional Videos ("Videos"), are owned or licensed by or to OWC, and are protected by copyright, trademark, and various other intellectual property laws. Except as expressly provided below, no part of the Videos may be copied, reproduced, republished, uploaded, posted, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial purpose, without OWC 's prior written consent.
OWC permits the downloading and distribution of its Videos, provided that you agree to comply with the following conditions in addition to the Terms:
All other rights reserved. Full HD versions of most videos are available. Please contact firstname.lastname@example.org for more information or guidance in using OWC Videos on your site.
Certain services offered on or through the Site may require you to open an account (including setting up a MacSales.com username and password). You are responsible for maintaining the confidentiality of your account information, including your password, and for any activity that occurs under your account. You may not use anyone else's MacSales.com username, password, or account at any time without express consent. OWC is not liable for any loss or damage arising from your failure to comply with these obligations.
Additional terms and conditions apply to purchases of goods or services at the Site. Terms of Sale are located at: http://eshop.macsales.com/service/terms/sale. Such terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions as applicable. If there is a conflict between these Terms and the terms of sale for any goods or services offered through the Site, the latter terms shall control with respect to your purchase or use of the goods or services.
This Site may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience. Such Linked Sites are not under OWC 's control, and OWC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on Linked Sites.
At times, Site visitors may post reviews, suggestions, questions, comments, photos, and other content to the Site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to content origin when posting to the Site. OWC reserves the right (but not the obligation) to remove or edit such content, but cannot review all posted content.
If you do post content or submit material, you grant OWC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant OWC the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify OWC for all claims resulting from content you supply. OWC takes no responsibility and assumes no liability whatsoever for any content posted by you or any third party.
MacSales.com Reviews offer our customers the opportunity to share your experiences with our products and services. In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a product review. Instead, contact us directly.
When writing your review, please consider the following guidelines:
All reviews submitted are screened before they are posted to the website. OWC reserves the right to deny public posting rights to any review, specifically if it contains any of the following types of content or violates other guidelines, including but not limited to:
Please note that all submitted reviews are subject to the additional terms set forth below. BY SUBMITTING YOUR REVIEW YOUR AGREE TO THE FOLLOWING TERMS & CONDITIONS:
By submitting any content to MacSales.com, you represent and warrant that:
- You are the sole author and owner of the intellectual property rights thereto;
- All "moral rights" that you may have in such content have been voluntarily waived by you;
- All content that you post is accurate;
- You are at least 13 years old;
You further agree and warrant that you shall not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control,
- Consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold New Concepts Development Corporation, its subsidiaries, Other World Computing, Inc. and MacSales.com (collectively "OWC"), along with its officers, directors, agents, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc., harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant OWC a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email address in connection with your rating and review, you agree that OWC and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
Any offer for any feature, product or service on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so at your own risk and you are solely responsible for complying with applicable local laws. OWC reserves the right to limit, in its sole discretion, the provision and quantity of any Site feature, product or service to any person or geographic location.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL OWC BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF OWC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY AGAINST OWC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
You agree to indemnify and hold OWC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including reasonable attorneys' fees), made against OWC by any third party due to or arising out of or in connection with your use of the Site.
OTHER WORLD COMPUTING, INC. ("OWC") DOES NOT WARRANT THIS SITE OR ANY CONTENT, VIDEOS, OR SERVICE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT AND VIDEOS ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. OWC DOES NOT GUARANTEE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE FROM VIRUSES OR OTHER DESTRUCTIVE FEATURES. OWC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. OWC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OWC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, THIRD PARTY CONTENT POSTED ON THE SITE, SITE CONTENT, VIDEOS, AND RELIANCE ON LINKED SITES.