terms & conditions

TERMS AND CONDITIONS OF USE - PLEASE READ CAREFULLY
BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE.

Thank you for visiting the Literati™ website. MerchSource, LLC (“MerchSource”) maintains this website (the "Site") for your personal entertainment, information, education and communication. Your access to and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and MerchSource regarding this Site are superseded and of no force or effect.

MerchSource reserves the right, at its sole discretion, to change, modify, delete or add to the Terms and Conditions. You are responsible for checking the Terms and Conditions for updates. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. .

Content, Access and Use

This Site belongs to MerchSource. MerchSource owns, controls, licenses or uses with permission all the content on this Site, including but not limited to all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively “Content”). All such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided by these Terms and Conditions, you are not being granted any license or right to use any Content displayed on this Site. Your use/misuse of the Content displayed on this Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that MerchSource and its licensors will aggressively enforce their intellectual property rights to the fullest extent of the law, including criminal prosecution, for the unauthorized use of Content or the Site.
You may download only material displayed and identified on the Site as specifically available for downloading; provided, however, that you use such material only for (i) noncommercial/personal use; (ii) do not remove any proprietary notice language on any downloaded material (or copies made thereof); (iii) do not copy, distribute, modify, transmit, reuse, repost or use the Content for public or commercial purposes, including the text, images, audio and video without MerchSource’s written permission; and (iv) do not modify the materials for any purpose.

You may not use any automatic devices, program algorithm or method, manual or process, to access, obtain, copy or monitor any portion of this Site, or in any way circumvent or reproduce the navigational structure or presentation of the Site or the Content. You may not attempt to gain unauthorized access to any portion or feature of this Site or any other system or network associated with this Site. You will not use any means, device or software to interfere with the proper working of this Site.

Submissions to the Site

Any non-personal information, communications or material you submit to MerchSource at this Site, by e-mail, download, or otherwise (“Submission”), is non-confidential, and MerchSource is free to use and reproduce such Submission freely, and for any purpose. Specifically, MerchSource is free to use any ideas or concepts contained in any such Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products. MerchSource is, however, under no obligation to use any Submission and any use of such Submission may be made without compensation to the person submitting. If MerchSource accepts your Submission and specifically agrees to keep it confidential or not use it, MerchSource does not waive any rights it may have to similar or related ideas previously known to MerchSource or developed by its employees, or obtained from sources other than you. .

You further acknowledge and warrant that the Submission contains only your own material and content or material and content that you have undeniable rights to use, and that MerchSource's use will not violate any third party's rights. You further agree that MerchSource may preserve any Submission, transmission or communication with or provided by you, for any purpose, and may disclose such information as permitted by these Terms and Conditions.

Indemnity

You agree to indemnify and hold MerchSource and its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates (including MerchSource’s licensors and customers), harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against MerchSource by any third party due to or arising out of or in connection with your use of the Site.

Related Issues

Although MerchSource may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site (“Postings”), MerchSource is under no obligation to do so and assumes no responsibility or liability arising from the content of any such Posting, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings on the Site. MerchSource may remove Postings at any time, and for any reason.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. MerchSource will fully cooperate with any law enforcement authorities or court order requesting or directing MerchSource to disclose the identity of anyone posting any such information or materials. MerchSource may further disclose any information it has about you (including your identity), as it deems necessary, in connection with any investigation or complaint regarding the use of the Site, or as necessary to bring legal action against anyone that is causing injury to MerchSource or defend any legal action brought against MerchSource. MerchSource may further disclose any information, at any time, as necessary to comply with applicable laws that require or permit disclosure, including exchange information with other companies for fraud protection purposes.

Copyright Complaints (DMCA policy)

MerchSource respects the intellectual property of others, and we ask our users to do the same. MerchSource may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify MerchSource by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works on that Site;
Identification of the material that is claimed to be infringed or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;
Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send notice to:

MerchSource
Attn: Legal Department
19517 Pauling
Foothill Ranch, CA 92610

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.

Linking

This Site contains links to other websites. These links are to companies or organizations we believe you may have an interest in. MerchSource has not reviewed all the websites linked to the Site and is not responsible for the content of any other websites linked to the Site. Your linking to any other website is at your own risk. Please be mindful of this as you link to other outside websites.

In general, MerchSource does not object to links to this Site from third-party websites. However, you must abide by the following rules. Unless we have a written agreement with you, you may not use any of MerchSource's trademarks, logos or slogans in or with your links. Do not present the link to this Site in any way that suggests MerchSource has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with MerchSource to do so. You may link to this Site using the plain text name of the Site. Link only to the home page of this Site. Do not, without MerchSource's written permission: (a) incorporate any content from this Site into your website (e.g., by in-lining or framing); (b) use any MerchSource or Literati™ names, trademarks, slogans, or any other words or codes identifying this Site in any "metatag". MerchSource will not tolerate links from any website that may adversely affect the name, reputation and goodwill of Literati™ or MerchSource and its products. MerchSource reserves the right to cancel permission to link at any time, for any reason.

Privacy Policy

Along with our Terms and Conditions, we encourage you to read our Privacy Policy and refer to it before you submit any personal information to the Site. The Privacy Policy is a part of these Terms and Conditions. To view MerchSource’s privacy policy, click here.

Jurisdictional Issues

Literati™ products, materials, offers, and information appearing on this Site are intended for U.S. visitors/customers. This Site is controlled by MerchSource from its offices in Foothill Ranch, California, United States. MerchSource makes no representation that materials on this Site are appropriate or available for use in other locations.

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California, and waive any objection to such jurisdiction or venue.

Disclaimer

MERCHSOURCE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MERCHSOURCE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MERCHSOURCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MERCHSOURCE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY RELATED SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MERCHSOURE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Limitation of Liability

Your use of and browsing on this Site are at your own risk. Neither MerchSource, nor any other entity involved in creating, producing or delivering this Site, is liable for any direct, incidental, consequential, indirect or punitive damages, including lost profits, arising out of your access to, or use of, this Site and/or any web sites to which our Site may link, even if MerchSource has been advised of the possibility of such damages.

Notwithstanding the other provisions of these Terms and Conditions, if MerchSource is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, MerchSource’s liability shall in no event exceed US $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Export Control

Content, including software, and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No Content or software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. MerchSource does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws or to anyone on any such list. By downloading Content permitted for download, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. The downloading of Content, other than Content displayed and identified on the Site as specifically available for downloading, is strictly prohibited, regardless of the user location, nationality or residence.

Termination

You agree that MerchSource, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including without limitation, if MerchSource believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that MerchSource may immediately de-activate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that MerchSource not will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.

You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to MerchSource, for which monetary damages would be inadequate, and you consent to MerchSource obtaining any injunctive or equitable relief that MerchSource deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MerchSource may have at law or in equity.

If MerchSource does take any legal action against you as a result of your violation of these Terms and Conditions, MerchSource will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to MerchSource.

Void Where Prohibited

Although this Site is accessible worldwide, not all products and services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the game challenges, sweepstakes, contests, raffles, surveys or similar promotions made available through the Site. MerchSource reserves the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.