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Welcome to Wherehouse.com. BY USING THE WHEREHOUSE.COM SITE ("SITE"),
YOU AGREE TO THE TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED
BELOW (THE "TERMS & CONDITIONS"). If you do not agree
to these Terms & Conditions, please do not use the Wherehouse.com
web site. Wherehouse.com reserves the right to modify, revise or update
these Terms & Conditions as it sees fit.
We ask that you visit this page from time to time to check for changes
to these Terms & Conditions. By continuing to use the Wherehouse.com
Site after changes have been posted to the Terms & Conditions,
you indicate your acceptance of those changes.
PRIVACY
Please review our Privacy
Policy, which also governs your visit to Wherehouse.com.
COPYRIGHT
Content included on or comprising the Wherehouse.com Site, including
all information, site design, software, text, graphics, music, sounds
and the selection and arrangements thereof (collectively "Content"),
are the property of Trans World Entertainment Corporation or its content
providers and are protected by copyrights, trademarks, patent or other
proprietary rights and these rights are valid and protected in all
forms, media and technologies existing now or hereinafter developed.
All Content is copyrighted as a collective work and is the exclusive
property of Trans World Entertainment Corporation and protected by
United States and international copyright laws. All rights reserved.
Permission is granted to electronically copy and to print hard copy
portions of this site solely for placing an order with Wherehouse.com,
or for using this site as an information or shopping resource. Any
other use of materials on this site (including, but not limited to,
reproduction for purposes other than those noted above, modification,
distribution, or republication) without prior written permission of
Trans World Entertainment Corporation is strictly prohibited.
TRADEMARKS
The Wherehouse.com, Wherehouse Music and Trans World Entertainment
Corporation marks are proprietary to Trans World Entertainment Corporation
All other trademarks are the property of their respective owners and
are licensed to, or where required, used with permission by Trans
World Entertainment Corporation All other trademarks, product names
and company logos remain the property of their respective owners.
Trans World Entertainment Corporation makes a concerted effort to
give rightful credit to owners of copyrighted materials. If you have
any concerns about the accuracy of any copyrighted materials on this
site, please contact us at customerservice@wherehouse.com.
DISCLAIMER
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS
SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE
PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM
EXTENT PERMITTED BY LAW WHEREHOUSE.COM AND TRANS WORLD ENTERTAINMENT
CORPORATION DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND
MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM
FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF
DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WHEREHOUSE.COM DOES
NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS
SITE IS ACCURATE, COMPLETE OR CURRENT. All information including price
and availability information is subject to change without notice.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WHEREHOUSE.COM OR TRANS WORLD ENTERTAINMENT CORPORATION
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WITHOUT
REGARDING TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO
CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTIONS, ALL ARISING OUT OF
OR IN CONNECTION WITH THE USE, COPYING, DISPLAY OF THE CONTENTS OF,
OR INABILITY TO USE WHEREHOUSE.COM. YOU ACCEPT AND AGREE THAT WHEREHOUSE.COM
AND TRANS WORLD ENTERTAINMENT CORPORATION ARE NOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT BY ANY INDIVIDUAL USER. If you are dissatisfied
with any Wherehouse.com material, your sole and exclusive recourse
is to discontinue use of Wherehouse.com.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD WHEREHOUSE.COM AND TRANS
WORLD ENTERTAINMENT CORPORATION, THEIR AFFILIATES, AND THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AGENTS, LICENSORS AND LICENSEES,
HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, LOSSES,
COSTS AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM ANY
USE OR MISUSE OF THE SITE UNDER YOUR EMAIL ADDRESS AND/OR PASSWORD
BY ANY PERSON (INCLUDING, BUT NOT LIMITED TO, COPYRIGHT INFRINGEMENT
CLAIMS IN CONNECTION WITH CONTENT SUBMITTED UNDER YOUR EMAIL ADDRESS
AND/OR PASSWORD FOR POSTING ON THE SITE), WHETHER OR NOT AUTHORIZED
BY YOU. Wherehouse.com reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will cooperate with
Wherehouse.com in asserting any available defenses.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
The "Wherehouse.com" Site is created, operated and controlled
by Trans World Entertainment Corporation in the state of California,
United States of America. Claims relating to, including the use of,
this Site and the materials contained herein are governed by the laws
of the United States and the state of California. If you do not agree,
please do not use this Site. If you choose to access this Site from
another location, you do so on your own initiative and are responsible
for compliance with applicable local laws.
DISPUTES
Any dispute relating in any way to your visit to Wherehouse.com or
to products you purchase through Wherehouse.com shall be submitted
to confidential arbitration in Los Angeles, California, except that,
to the extent you have in any manner violated or threatened to violate
Wherehouse.com's or Trans World Entertainment Corporation's intellectual
property rights, Trans World Entertainment Corporation may seek injunctive
or other appropriate relief in any state of federal court in the state
of California, and you consent to exclusive jurisdiction and venue
in such courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this agreement shall be joined
to an arbitration involving any other party subject to this agreement,
whether through class arbitration proceedings or otherwise.
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