Legal Benjamin Moore & Co. Website Terms and Conditions
Terms and Conditions were last modified and are effective as of May 22, 2009.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITES. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS AND CONDITIONS, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITES, BECAUSE IF YOU CONTINUE YOU WILL BE AGREEING TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.
We will refer to users of our Websites, our features, functions and services individually and/or collectively as "users", "you" or "your" to make reading these materials easier. When you see the word "use" or "using" we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Websites if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through any of our Websites, for any purpose, or if you try to do any of these things.
By using our Websites you are acknowledging you have read and understand the legal agreement you have with us, and unless you immediately stop using or trying to use all of our Websites, you will be signifying your agreement to be legally bound by and comply with all of the terms and conditions that apply to you under these Terms and Conditions.
Terms and Conditions and Website Changes
We reserve the right to add to, delete or modify these Terms and Conditions as well as all or part of our Websites at any time and from time to time by updating or revising this posting and such revisions shall take effect as of the date of posting. If you use any of our Websites after the changes become effective, it means you are agreeing to be bound by the changes. We encourage you to check back here frequently so you remain aware of the current Terms and Conditions that apply to you.
Ownership and Use of Benjamin Moore Websites and Content
We maintain our Websites for your information, education and entertainment. Our Websites and, except as described below, all Content, is either the property of Benjamin Moore or our affiliates, licensors, suppliers, operational service providers, advertisers, agencies or promotional partners (collectively, "Benjamin Moore Entities"), and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. To avoid any doubt, when the word "Content" is used it includes, but isn't limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, 'look and feel' and arrangement of items and all copyrightable or otherwise legally protectible elements of any and all of our Websites.
Except as set forth in the Unsolicited Suggestions: They Become Ours and We Have No Obligation to You section below, you keep ownership to any and all Content that is yours and if you submit or provide Content, these Terms and Conditions do not deprive you or any holder of your or their rights. However, when you do submit or provide Content to us or any of our Websites, you are giving us and the Benjamin Moore Entities an unconditional, irrevocable, transferable, royalty free worldwide license to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast that Content ("license") and you are representing and warranting to us you have the right to give us and the Benjamin Moore Entities such license. If you do not have the right to license Content as set forth in these Terms and Conditions (or if you are not sure), do not submit or provide Content.
You may only use our Content and Content of other users for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
Unsolicited Suggestions: They Become Ours and We Have No Obligation to You
Benjamin Moore likes to hear from consumers and professionals about what they think about our products and we encourage you to contact us. However, we do not accept, evaluate or consider unsolicited ideas, materials, concepts, information, content or suggestions of any kind ("Unsolicited Suggestions"), including, but not limited to, those relating to products, processes, product names, advertising or marketing, nor do we have or accept any obligation, liability or responsibility if you send us any Unsolicited Suggestions of any kind. We have found that this policy and approach avoids potential misunderstanding and dispute, since your Unsolicited Suggestion may seem similar to products, services or activities we undertake or commission, even those previously considered or currently under consideration and whether we implement them or not.
As a result, we have adopted a policy whereby we do not agree to accept, on any terms or under any conditions, Unsolicited Suggestions. Please do not submit, post or send us any Unsolicited Suggestions, because if you do or you attempt to do so (whether you ignore these warnings or don't read or attempt to understand them) you are agreeing we can treat the Unsolicited Suggestion as our own, without any obligation of confidentiality, without any restrictions or conditions, without obligation or liability to you or anyone else. We will be free to use or choose not to use all or any part of any Unsolicited Suggestions you submit for any purpose, any time and anywhere in the world and we will also have the right to modify or re-purpose or do anything or refrain from doing anything with such Unsolicited Suggestions, free and clear of any requirements or restrictions of any kind. You should also understand that we will have no obligation to compensate, reward, account to you, notify you or even acknowledge any matters that relate to an Unsolicited Suggestion you submit.
You should consult with your own independent legal advisors concerning your rights or if you are not clear whether anything you wish to submit to us might be covered by the Unsolicited Suggestion policy and terms above.
If, after consultation with your attorney, you believe you have rights to legally protected and proprietary intellectual property which is not covered by the Unsolicited Suggestion policy and terms above, you (or your attorney) can contact us at:
Outside Submissions Unit — Legal Compliance
If you are not sure about your rights, consult your legal advisor before submitting anything to us.
Our Websites may allow you to register, create a profile or account and may also enable you to submit, provide, transmit, exchange, communicate and display Content (a "Posting"). By Posting, you represent that you own or have the right to engage in the Posting and you specifically agree your Posting will not violate any law or regulation, these Terms and Conditions or the right of others.
By Posting you represent and warrant that: (a) the Posting is original to you or fully cleared for use as contemplated herein; (b) the Posting does not and will not, in any way, violate any of the terms of this agreement; (c) the Posting does not contain any libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation; and (d) the Posting is not obscene, vulgar, harteful or in any manner unlawful.
Unless explicitly stated otherwise, Posting is for non-commercial purposes only and you may not post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity. If you believe that any Content on our Websites violates any of these Terms and Conditions, please click here to contact us. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such information.
Your Posting and any Posting made by someone else under your account, user identification, log-in, password or email is your responsibility and unless and until you notify us that you know or suspect the security of your account, user identification, log-in, password or email may have been compromised you will defend and indemnify Benjamin Moore for any such Postings as set forth in the Indemnification section below. Please notify us immediately if you suspect someone is using your registration, user identification, log-in, password or email address.
Our Websites may allow you to register and create an account in order to access certain Content on our Websites. As part of the registration process, you will choose a user name and password (or we may assign an initial password, which we will give you the option to change).
In addition, when you register you may be automatically subscribed to receive certain email notifications and Content from us ("Automatic Communications"), or we may give you the option to select and receive certain email notifications and Content from us ("Voluntary Communications"). You will always have the option to unsubscribe from Voluntary Communications and promotional Automatic Communications.
You are responsible for maintaining the confidentiality of any user name or password you are required to create. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name and password, or your authorization of anyone else to use your user name or password, and you will defend and indemnify us for any such harm as set forth in the Indemnification section below. You agree to immediately notify us if you become aware or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns.
Right to Terminate
We have the right to discontinue, suspend or terminate your use of our Websites at any time, including any time we determine, in our sole judgment, you or your use of our Websites, your Content or any Posting you make may violate these Terms and Conditions. In addition to any other rights and remedies we may have under these Terms and Conditions, we have the right to: (a) refuse to allow you further Posting; (b) remove, modify, re-format or delete your Posting; (c) revoke your right to use the Websites; and (d) use any technological, legal, operational or other means available to enforce these Terms and Conditions.
Links to Other Websites
If you see or use any links or conduits on our Websites which allow you to browse, redirect or visit any other websites, web pages or other internet or web-based locations, it does not mean that Benjamin Moore is associated with or has endorsed, reviewed or even knows anything about that site or page and we have no obligation, responsibility or liability to you or anyone else if you go to another web site, page or address outside our Websites, even if a link on our site allowed you to do so. When you leave our Websites, you should confirm the terms and conditions, privacy and other policies that apply to you since Benjamin Moore neither controls, nor has any responsibility for any third party sites, their practices or anything associated with their operations. In fact, even if another web site or web page has the Benjamin Moore name, logo or other identification normally associated with us, it may or may not be authorized by us and you should not assume it is a Benjamin Moore Website, unless it actually says so and the terms and conditions that apply to you are these Terms and Conditions.
The trademarks, logos, service marks, trade names, graphics, designs, copyrights and other properties (collectively the "Trademarks") displayed on Benjamin Moore's website are protected intellectual properties that are registered and unregistered Trademarks. Nothing contained on Benjamin Moore's website should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Benjamin Moore or such third party that may own the Trademark displayed on Benjamin Moore's website. Your misuse of the Trademarks displayed on Benjamin Moore's website, or any other content on Benjamin Moore's website, except as provided herein, is strictly prohibited.
This is a current listing of United States trademarks licensed to Benjamin Moore & Co. Those trademarks followed by ® are registered trademarks licensed to Benjamin Moore & Co.; all others are trademarks licensed to Benjamin Moore & Co.
BENJAMIN MOORE WEBSITES AND ALL CONTENT ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE ANY WEBSITE OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY WEBSITE OR CONTENT IS ACCURATE, COMPLETE OR ERROR FREE. BENJAMIN MOORE IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING ANY OF OUR WEBSITES OR CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BENJAMIN MOORE, ITS PARENT, AFFILIATES, SUBSIDIARIES, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM OUR WEBSITES, CONTENT, THESE TERMS AND CONDITIONS AND/OR YOUR OR ANYONE ELSE'S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, THE DEFENDING PARTY SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL SUCH PARTY'S TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend us and the Benjamin Moore Entities against any demands, claims or actions brought against us or the Benjamin Moore Entities arising as a result of any breach or violation of these Terms and Conditions by you ("Claim") and you shall indemnify and hold us and the Benjamin Moore Entities harmless from and against any and all losses, damages, costs and expenses (including attorneys' fees) resulting from any such Claim. We and the Benjamin Moore Entities have the right, at their expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree, upon request, to cooperate with us and the Benjamin Moore Entities in the defense of any such Claim.
Choice of Law
These Terms and Conditions shall be construed and enforced under the laws of the State of New Jersey applicable to parties resident in and contracts made, executed and wholly performed within the State of New Jersey. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State of New Jersey, City of Montvale and County of Bergen and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to these Terms and Conditions. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
If you have any questions about our Terms and Conditions, please contact us.
© Benjamin Moore & Co., 2013. All Rights Reserved.
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