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Terms of Use

Welcome to Mosaically. We provide our services to you subject to the following conditions. If you visit or use any of our online services, you accept these conditions.

PRIVACY

Please review our Privacy Policy, which also governs your visit to Mosaically, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Mosaically or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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 on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is either the property of Mosaically or its content suppliers or the public domain and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Mosaically and protected by U.S. and international copyright laws. All software used on this site is the property of Mosaically or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Mosaically graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Mosaically. Mosaically's trademarks and trade dress may not be used in connection with any product or service that is not Mosaically's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mosaically. All other trademarks not owned by Mosaically 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 Mosaically.

LICENSE AND SITE ACCESS

Mosaically grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mosaically. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from Mosaically. 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 Mosaically and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mosaically's name or trademarks without the express written consent from Mosaically. Any unauthorized use terminates the permission or license granted by Mosaically. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mosaically so long as the link does not portray Mosaically, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mosaically logos or other proprietary graphics or trademarks as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. Mosaically does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Mosaically only with involvement of a parent or guardian. Mosaically reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Mosaically reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Mosaically and its affiliates a nonexclusive, royalty-free, perpetual, 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. You grant Mosaically and its affiliates and 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 post; 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 Mosaically or its affiliates for all claims resulting from content you supply. Mosaically has the right but not the obligation to monitor and edit or remove any activity or content. Mosaically takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Mosaically and its affiliates respect 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 at the bottom of this text.

RISK OF LOSS

All items purchased from Mosaically are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Mosaically and its affiliates attempt to be as accurate as possible. However, Mosaically does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Mosaically itself is not as described, your sole remedy is to return it in undamaged condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Mosaically ON AN "AS IS" AND "AS AVAILABLE" BASIS. Mosaically MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Mosaically DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Mosaically DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Mosaically ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Mosaically WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

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

By visiting Mosaically, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Mosaically or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to Mosaically or to products you purchase through Mosaically shall be submitted to confidential arbitration in the state of New York, except that, to the extent you have in any manner violated or threatened to violate Mosaically's intellectual property rights, Mosaically may seek injunctive or other appropriate relief in any state or federal court in the state of New York, 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.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Conditions 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.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Mosaically with the written information specified below. Please note that this procedure is exclusively for notifying Mosaically and its affiliates that your copyrighted material has been infringed.

* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

* A description of the copyrighted work that you claim has been infringed upon

* A description of where the material that you claim is infringing is located on the site, including the URL address, if available

* Your address, telephone number, and e-mail address

* A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

OUR ADDRESS

Mosaically Inc.
125 Tech Park Dr.
Rochester, NY 14623

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