The Web Site design and all text, graphics, information, designs, logos, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, Marissa Webb and are protected by U.S. and international copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

All the information, the ideas, the images, the photographs and in general the materials of any kind which may be sent to this Web Site or to Marissa Webb in relation to this Web Site, with the exception of the personal data provided by you (name, surname and e-mail address), will be treated as non confidential and will be irrevocably and gratuitously attributed to Marissa Webb as they are sent. Marissa Webb will have the unconditional and unlimited right to copy, transmit, distribute, modify and in general use and sell this information, ideas and material; therefore, sending this information, ideas and materials will be considered as consent for their free use by Marissa Webb and without any obligation, for Marissa Webb, to refer to or publicize, in any form and manner, to the fact of its being sent, unless it is expressly required by law.

You will be considered exclusively responsible for the content of all the information, ideas, images, photographs and in general for all the materials you may send to this Web Site; as a consequence you are obliged to indemnify Marissa Webb and its employees, middle management, directors and shareholders from any damages, costs or losses that Marissa Webb may undergo as well as from all and any requests for compensation that may be made by third parties to Marissa Webb, for any reason, cause or motive in any way connected with your sending this information, ideas, images, photographs and materials to this Web Site.

These Terms and Conditions apply only to this Web Site, and not to the sites of any other companies or organizations, including those to which this Web Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. All hyperlinks to other websites from the Site are provided as resources to customers looking for additional information and/or professional opinion. Marissa Webb does not assume responsibility for the claims and/or representations made on these or any other websites. You should direct any concerns to that site’s administrator or webmaster. Your linking to any other websites is at your own risk.

The services and materials on or from this site are provided “as is” and “with all faults” without warranties of any kind, either express or implied. We disclaim all warranties to the maximum extent of the law, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. By accessing this site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

We do not endorse, warrant or guarantee any services offered on the site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services. Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the site, or any of the services provided pursuant to the site, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental, consequential or other damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the site or buying the service from us.

Of “Marissa Webb” and other Marissa Webb logos, page headers, button icons, scripts, trade names and service names are trademarks, registered trademarks or trade dress Marissa Webb or its affiliates in the U.S. and/or other countries. Marissa Webb trademarks and trade dress may not be used in connection with any product or service that is Marissa Webb’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Marissa Webb. All other trademarks not owned by Marissa Webb or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Marissa Webb or its affiliates.

Marissa Webb strives for accuracy in all item descriptions, photographs, size references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinants, we cannot guarantee that all item descriptions, photographs, size references, detailed specifications, pricing, links and any other product-related information listed are entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, Marissa Webb shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Marissa Webb are provided as resources to customers looking for additional information. Marissa Webb does not assume responsibility for the claims and/or representations made on these or any other websites. All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. All weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), and may not be publicly performed or displayed, and may not be duplicated. Marissa Webb is not responsible for variations in product specifications and/or physical appearance, since in some cases this can be a natural result of the manufacturing process. Please consider this when ordering products through our Web Site.

We collect and store information that you enter into this Web Site or that you provide to our Customer Care Department. For example, when you open an account or place an order, we collect and store some or all of the following information that you provide: name, billing address, shipping address, email address, telephone number, credit card number and expiration date. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations and to provide customer service. This information also may be used to contact you about sales, special offers and new site features, unless you have opted not to receive promotional communications in connection with this Web Site.

We collect and store certain other information automatically whenever you interact with this Web Site. For example, we collect your IP address, browser information and reference site domain name every time you visit this Web Site. We also collect information regarding customer traffic patterns and site usage. This information is used to analyze and improve this Web Site and to provide our customers with a fulfilling shopping experience.

Also, like many Web Sites, we use “cookies”, which are files stored on your computer’s hard drive by your browser. Cookies do not contain personally identifiable information. Cookies help us to identify account holders and to optimize their shopping experience. Cookies also allow us to hold selections in a shopping cart when a user leaves this Web Site without checking out. Cookies are not used on this Web Site to store your account information; this information is stored securely on this Web Site’s server. When you log in at this Web Site with your username and password, we will assign you a secure session id. The server then passes your information to you through this secure session id. Also, we will use cookies to monitor and maintain information about your use of this Web Site. Cookies are also used to track the identity of the Web Site you visited immediately prior to visiting this Web Site; otherwise, we do not track information about your use of other Web Sites. Most browsers accept cookies automatically but allow you to disable them. We recommend that you leave cookies “turned on” so that we can offer you a better shopping experience on this Web Site.

We also may collect and store information about you that we receive from other sources, to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.

This Web Site is a general audience website and is not directed for use by children. We do not intend to collect Personal Information from anyone who is under the age of 13. If you are under the age of 13, you should not provide any Personal Information to us and you should use this Web Site only with the involvement of a parent or guardian.

We do not share with others, or sell or rent to others, any personal information that you provide to us through this Web Site or through our Customer Care Department, except with your consent or as described in this Privacy Policy.

We engage third parties to perform services in connection with the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Web site evaluation, data analysis and, where applicable, data cleansing. We provide personal information to these third parties, but we authorize them to use this information only in connection with the services they perform.

We may release personal information if we believe in good faith that: the law or legal process requires it; we have received a valid administrative request from a law enforcement agency; or such release is necessary to protect the rights, property or safety of any of our respective affiliates, business partners, customers or others.

We may share non-personal information with our marketing partners, advertisers and others from time to time. Examples of such non-personal information include the number of users who visited this Web Site during a specific time period or purchased a specific product through this Web site. This information generally is shared in an aggregated form.

As with any business, it is possible that as our business develops, we might sell or buy online stores or other assets. In such transactions, information about customers often is among the transferred assets. Accordingly, in the unlikely event that Marissa Webb, or substantially all of our respective assets, are acquired by a third party, such information may be one of the transferred assets (unless the information was collected under a previous Privacy Policy that did not permit such disclosure). Under such circumstances, Marissa Webb, as the case may be, would to the extent possible require the acquiring party to follow the practices described in this Privacy Policy.

We use various security measures, including Secure Socket Layer (SSL) encryption technology, to protect personal information that we collect. If you place an order through this Web Site, you will be asked to set up an account and provide an email address and password. You must provide an appropriate email address and password in order to access account information. In order to help protect your personal information further, you should be careful about providing your password to others. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact our Customer Care Department via email at customercare@marissa-webb.com.

You will have an opportunity to change these selections by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. Additionally you may email us at customercare@marissa-webb.com or write to us at Marissa Webb, Online Customer Care, 58 East 11th St Fl 3, New York, NY 10003. Please note that any request to be removed from such mailing lists may take up to one (1) week to become effective. Even if you are removed from any such list, if you order online, we will send you an email confirming your order and may need to contact you by phone, email, or regular mail if we have questions about your order.

This Web Site may contain links to Web Sites operated by third parties. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through these other Web Sites. We encourage you to be aware of when you leave this Web Site and to read the privacy policies of each and every Web Site that you visit.

If you have accessed this Web Site through a link from certain of our advertising or marketing partners, this Web Site may include a frame of the applicable advertising or marketing partner. Nevertheless, the information you provide to us through these framed Web pages is collected by us, and our use of this information is governed by this Privacy Policy.

When we run a contest or sweepstakes relating to this Web Site, it will be accompanied by a set of rules. The rules for each contest/sweepstakes will specify how the information gathered from you for entry will be used and disclosed.

We may from time to time conduct on-line surveys. When you complete an online survey, we may ask for certain information including your age, zip code, shopping habits, email and/or mailing address. This information will be treated in accordance with this Privacy Policy.

If we make any material changes to this Privacy Policy, we will post a notice on this Web Site notifying users of the changes. In some cases, we also may send an email notifying users of the changes. You should check this Web site periodically to see if any recent changes to this Privacy Policy have occurred.