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Terms & Conditions

TERMS & CONDITIONS

Thank you for visiting minus8watch.com/staging (“Site”) which is operated by PCH International, Heritage Business Park, Bessboro Rd, Blackrock, Cork, Ireland (“PCH International”). Please read these Terms of Use carefully because by using this PCH International (“we,” “our,” or “us”) Site, and by using, downloading or installing any software and/or Content (as defined herein) available from or through our Site (or attempting to do any of these) it means that you agree to be bound by and comply with these Terms of Use, which includes and incorporates our Privacy Policy and Terms of Purchase and when we refer to our Terms and Conditions of Use, we mean it shall include our Privacy Policy and Terms of Purchase as well. Our Privacy Policy can be found here http://minus8watch.com/staging/privacy-policy

CONTENT AND COPYRIGHT, TRADEMARK, AND RELATED ISSUES

The contents, including information, text and graphics and all other material contained on the Site or features and functions we make available on our Site (collectively, the “Content”) are for your personal informational purposes only.  You may view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws. You may not use Content in any way not expressly permitted by these Terms and Conditions and if you do, your right to use the Content will automatically terminate. The Content and the Site generally, are subject to change or termination without notice.

The trademarks, names, slogans, logos, characters and service marks (collectively “Trademarks”) displayed on our Site belong to us or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any Trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided in these Terms and Conditions, is strictly prohibited.

We will aggressively enforce our intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.

USER SUBMISSIONS

The Personal Information you submit to the Site is governed by our Privacy Policy. When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, email address, gender and any other information that would allow someone to identify you or contact you.  You agree you will not send, upload or transmit any communication or content of any type that infringes or violates any rights of any party or violate these Terms of Use. By submitting or otherwise exchanging communications or content, you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated, and you agree that such User Content will not be considered or treated as confidential and (i) you acknowledge and understand others may see, read, use or re-transmit such User Content, (ii) you explicitly represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content and (iii) that we are hereby granted a royalty-free, perpetual, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content in any media or medium, or any form, format, or forum now known or hereafter developed.  We may sublicense its rights through multiple tiers of sublicenses.   We however, are under no obligation to use the User Content.

LINKING / THIRD PARTY LINKS ON OUR SITE

Our Site may contain links to other Web sites.  We do not recommend, monitor, control or endorse any third party advertising or content, or the content on any third-party Web sites and are not responsible for such Web sites’ terms of use or privacy policies or how they may treat your information. Your use of third-party Web sites is at your own risk and subject to the Terms of Use and Privacy Policies of such sites.

LIMITATION OF LIABILITY

The use of the Site and Content is at your own risk and are provided “as is.” Transmissions over the Internet and communications networks is not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

In no event shall we, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason,  we shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $1000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.

Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms of Use shall always be construed to take full advantage of their meaning to the extent permitted by law. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.

INDEMNIFICATION

You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Any terms or conditions in these Terms of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms of Use.

LAW THAT APPLIES; INTERPRETATION AND MODIFICATION

You expressly agree and personally submit to the exclusive jurisdiction of the courts of Ireland, to adjudicate and resolve any dispute with PCH International, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content.

These Terms of Use are governed by the substantive laws of Ireland, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms of Use, including our Privacy Policy, at any time and although we will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on our Site. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.

COPYRIGHT VIOLATIONS



We respect the intellectual property rights of others. If you believe that any material on this Site infringes copyright, please report it to us by emailing us at care@minus-8.us identifying the specific material that is claimed to be infringing and providing sufficient information to permit us to contact the complaining party.

COMPLETE AGREEMENT

These Terms of Use, including our Privacy Policy, Shipping & Returns and Warranty, constitute the entire agreement between you and PCH International regarding use of the Site and supersedes any and all other terms, representations, promises or discussions. Where you submit an order to purchase something from this Site, such order will be additionally be governed by other terms of purchase which you will receive prior to submission of the order.  Only PCH International has the authority to agree to amendments to these Terms of Use, and to be and be considered binding, any amendments must be in writing and executed by PCH International.

Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using our “Contact Us” form.

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PCH INTERNATIONAL MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING

 Version 1.0 06 November 2013

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