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TERMS OF USE

Welcome to MalibuStrings.com ("Site"). Please review the following rules that govern the access and use by any person (“You” or “Your”) of our Site (the "Agreement"). Please note that Your use of our Site constitutes your agreement to follow and be bound by this Agreement.

1. GENERAL

We may from time to time change the rules that govern Your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, our Site from time to time.

2. SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Malibu Strings Bikini Company ("Malibu Strings"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Malibu Strings. Malibu Strings trademarks appearing at this Site are trademarks of Malibu Strings.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of, any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Violation of this policy may result in infringement of intellectual property and contractual rights of Malibu Strings and/or third parties, which is prohibited by law and could result in both civil and criminal penalties. Information and materials posted by Malibu Strings are provided for general reference only and are not warranted to be free of errors, other deficiencies or potential interruptions. Malibu Strings gives no assurance whatsoever regarding such information and materials.

3. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

A. Submission of Comments and Feedback: All comments, feedback, postcards, pictures, images suggestions, ideas, and other submissions disclosed, submitted or offered to Malibu Strings on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Material") shall be and remain Malibu String's property. Such disclosure, submission or offer of any Material shall constitute an assignment to Malibu Strings of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Material. Thus, Malibu Strings will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Material. Malibu Strings is and shall be under no obligation (1) to maintain any Material in confidence; (2) to pay to user any compensation for any Material; or (3) to respond to any user Material submission.

You agree that no Material submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Material submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Material you submit. You further agree that will enter into any formal written documentation if required by Malibu Strings to formalize Your assignment of all rights in the Material to Malibu Strings.

Upon submission of any Material to Malibu Strings, you are claiming to be the rightful and lawful owner of that Material, with all accompanying rights to sell or distribute that image/s, including the right to transfer all rights and title to the copyright to another person/s. You are, and shall remain solely responsible for any Material submitted, and if you are deemed not to be the original owner of the submission, you may be liable for all legal claims and damages with respect thereto.

Upon submission of any Material to Malibu Strings, you agree that the Material (a) is original and will not infringe or breach any law or any person's right under any law (including any law or right relating to copyright, passing-off, defamation, contempt of court, privacy, publicity or confidence);(b) is not defamatory, obscene, threatening, pornographic, or offensive; (c) is non-confidential; (d) is free from encumbrances and You have full and unfettered power to assign all rights and interest in the Material to Malibu Strings, free from any claim by any person;(e) does not violate any applicable law, including communications that would give rise to criminal or civil liability; (f) does not advocate any illegal activity; (g) has not been impaired or limited in anyway, including any act or omission by You; (h) does not infringe the intellectual property rights of any third party; (i) does not violate or infringe the rights of any person or entity, including a person's right of privacy; (j) and does not consist of, or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam'.

By submitting any Material to Malibu Strings, You are deemed to have provided a valid and binding electronic signature (as permitted under the Electronic Transactions Act 1999) authorizing the assignment of all rights, title and interest in all such Material to Malibu Strings, its assigns and licensees, to use, reproduce, modify, adapt, create derivative works from, distribute and publicly display such Material, for any purpose whatsoever, in any media, throughout the world in perpetuity.

You agree that Malibu Strings may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.

4. PRODUCT INFORMATION & COLORS

The prices displayed at the Site are quoted in U.S. Dollars. We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

5. LINKS TO OTHER WEB SITES AND SERVICES

To the extent that this Site contains links to outside services and resources, the availability and content of which Malibu Strings does not control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

6. MONITORING OF CONTENT

Malibu Strings does not monitor or exercise editorial control over any Material submitted to the Site. Nevertheless, Malibu Strings reserves the right to monitor Material submitted to the Site, and to remove or edit any Material that it finds, in its sole discretion, to be contrary to this Terms of Use.

7. DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT MALIBU STRINGS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT MALIBU STRINGS CORRECT THE MATTER OR, IF MALIBU STRINGS FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE AT YOUR OPTION.

8. INDEMNIFICATION

You agree to defend, indemnify and hold Malibu Strings harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

9. INTELLECTUAL PROPERTY

All of the pictures appearing in the Malibu Strings website are the property of Malibu Strings and may not be used without Malibu Strings’s written permission. The mark "Malibu Strings" and other identified trademarks are trademarks of Malibu Strings and may not be used without our permission.

10. JURISDICTION

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Malibu Strings's products and services available in the United States and select foreign markets. This Site is controlled and operated by Malibu Strings from its offices in Los Angeles, California. This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of Los Angeles and/or the Central District of California.

11. WAIVER

No failure or delay of either party to exercise rights or remedies under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any rights or remedies preclude any further or other exercise of the same or any other rights or remedies.

12. SEVERABILITY

If any provision of this Agreement is held invalid or unenforceable in any circumstances by a court of competent jurisdiction, the remainder of this Agreement and the application of such provisions in any other circumstances, and in any other jurisdiction, shall not be affected thereby.

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