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Terms Of Use

Rosie & Max Terms of Use

Last Updated: September 2018
Welcome to Rosie & Max (“we”, “us” or “Rosie & Max”) provide website features and other products and services to you subject to the following conditions (“Terms of Use”). By using Rosie & Max, you agree to these conditions. Please read them carefully. We offer a wide range of services and additional terms may apply.

Privacy

Please review our Privacy Notice, which also governs your use of Rosie & Max, to understand our practices.

Electronic Communications

When you use certain Rosie & Max, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail, by posting notices on our websites, by delivering notifications through our mobile applications or through other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through Rosie & Max, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Rosie & Max or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content included in or made available through Rosie & Max is the exclusive property of Rosie & Max and protected by United Kingdom and international copyright laws. All software used on Rosie & Max is the property of Rosie & Max or its software suppliers and protected by United Kingdom and international copyright laws.

Trademarks

Rosie & Max logos, and other graphics, logos, page headers, button icons, scripts, and product and service names included in or made available through any our website are trademarks or trade dress of Rosie & Max in the United Kingdom and other countries. Rosie & Max’s trademarks and trade dress may not be used in connection with any product or service that is not Rosie & Max’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Rosie & Max. All other trademarks not owned by Rosie & Max that appear in any Rosie & Max services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rosie & Max.

Licence & Access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Rosie & Max grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Rosie & Max. This license does not include any resale or commercial use of Rosie & Max or its contents; any derivative use of Rosie & Max or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Rosie & Max may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Rosie & Max without our express written consent. You may not use any meta tags or any other ‘hidden text’ utilizing Rosie & Max’s names or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by Rosie & Max. You are granted a limited, revocable, non-transferable, non-sublicensable and nonexclusive right to create a hyperlink to the home page of rosieandmax.com so long as the link does not portray Rosie & Max, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of Rosie & Max as part of the link without our express written permission.

Your Account

If you use any Rosie & Max, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computers and other applicable devices, and you agree to accept responsibility for all activities that occur under your account or password. Rosie & Max is not intended for use by children. If you are under 18, you may use Rosie & Max only with involvement of a parent or guardian. Rosie & Max reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

Your Licence

If you submit material, and unless we indicate otherwise, you grant Rosie & Max a nonexclusive, royalty-free, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for as long as you are permitted to grant the said licence under applicable law. You grant Rosie & Max and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Rosie & Max for all claims arising from content you supply. Rosie & Max has the right but not the obligation to monitor and edit or remove any activity or content. Rosie & Max takes no responsibility and assumes no liability for any content submitted by you or any third party.

Copyright Complaints

Rosie & Max respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Service Description

Rosie & Max attempts to be as accurate as possible. However, Rosie & Max does not warrant that descriptions of services or other content of Rosie & Max is accurate, complete, reliable, current, or error-free. Rosie & Max provides links to other sites over which Rosie & Max has no control. Rosie & Max is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

Disclaimer of warranties and limitation of liability

ROSIE & MAX IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. ROSIE & MAX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ROSIE & MAX OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON ROSIE&MAX.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF ROSIE & MAX IS AT YOUR SOLE RISK. ROSIE & MAX RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM ROSIE & MAX AT ANY TIME IN ITS DISCRETION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ROSIE & MAX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROSIE & MAX DOES NOT WARRANT THAT ROSIE & MAX, ITS SERVERS, OR E-MAIL OR OTHER NOTIFICATIONS SENT FROM ROSIE & MAX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROSIE & MAX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS ROSIE & MAX, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN JURISDICTIONS’ 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

By using the Rosie & Max you agree that the laws of the United Kingdom, without regard to principles of conflicts of laws and the United Nations Convention of Contracts for the International Sale of Goods, will govern these Terns of Use and any dispute of any sort that might arise between you and Rosie & Max. Any dispute relating in any way to your use of Rosie & Max or this Agreement (a) may be adjudicated in the courts of the United Kingdom if you are not registering on Rosie & Max as a business and (b) will be adjudicated exclusively in the jurisdiction of the courts of the United Kingdom if you are registering on Rosie & Max as a business.

Rosie & Max Policies; Modification, and Servability

Please review all policies applicable to Rosie & Max you use posted, or otherwise made available, through Rosie & Max. These policies also govern your visit to and use of Rosieandmax.com. We reserve the right to make changes to Rosie & Max policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

Rosie & Max
49 Roseneath Road
London
SW11 6AG

[email protected]

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your rights are being infringed, you may contact us via email. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.

Upon receipt of your email we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, you grant to Rosie & Max the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding your email to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Rosie & Max for all claims brought by a third party against Rosie & Max arising out of or in connection with the contents of your email.

Important Warning: giving false, misleading or inaccurate information to Rosie & Max may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.