Terms And Conditions
TERMS
AND CONDITIONS
AGREEMENT TO OUR LEGAL TERMS
We are
We operate
You can contact us by
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity (
Supplemental terms and conditions or documents
that may be posted on the Services from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Legal Terms
We recommend that you print a copy of these
Legal Terms for your records.
TABLE
OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
5. PRODUCTS
6. PURCHASES AND PAYMENT
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION
11. MOBILE APPLICATION
12. SERVICES MANAGEMENT
13. PRIVACY POLICY
15. MODIFICATIONS AND INTERRUPTIONS
16. GOVERNING LAW
17. DISPUTE RESOLUTION
18. CORRECTIONS
19. DISCLAIMER
20. LIMITATIONS OF LIABILITY
21. INDEMNIFICATION
22. USER DATA
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
AND SIGNATURES
1.
OUR SERVICES
The information provided when using the
Services is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to
access the Services from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local laws
are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our
intellectual property
We are the owner or the licensee of all
intellectual property rights in our Services, including all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the
Our Content and Marks are protected by
copyright and trademark laws (and various other intellectual property rights
and unfair competition laws) and treaties
The Content and Marks are provided in or
through the Services
Your use of our
Services
Subject to your compliance with these Legal
Terms, including the
- access the Services; and
- download or print a copy of any
portion of the Content to which you have properly gained access,
solely for your
Except as set out in this section or elsewhere
in our Legal Terms, no part of the Services and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.
If you wish to make any use of the Services,
Content, or Marks other than as set out in this section or elsewhere in our
Legal Terms, please address your request to:
We reserve all rights not expressly granted to
you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property
Rights will constitute a material breach of our Legal Terms and your right to
use our Services will terminate immediately.
Your
submissions
Please review this section and the
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services (
You are responsible for what you
post or upload: By sending us Submissions
- confirm that you have read and
agree with our
" PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the extent permissible by
applicable law, waive any and all moral rights to any such Submission
; - warrant that any such Submission
are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions ; and - warrant and represent that your
Submissions
do not constitute confidential information.
You are solely responsible for your Submissions
3. USER REPRESENTATIONS
By using the Services, you represent and
warrant that:
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
4.
USER REGISTRATION
You
may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5.
PRODUCTS
6. PURCHASES AND PAYMENT
You agree to provide current, complete, and
accurate purchase and account information for all purchases made via the
Services. You further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed. Sales tax
will be added to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in
You agree to pay all charges at the prices then
in effect for your purchases and any applicable shipping fees, and you
We reserve the right to refuse any order placed
through the Services. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same customer account,
the same payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole
7.
All sales are final and no refund will be
issued.
8.
PROHIBITED ACTIVITIES
You may not access or use the Services for any
purpose other than that for which we make the Services available. The Services
may not be used in connection with any commercial
As a user of the Services, you agree not to:
- Systematically retrieve
data or other content from the Services to create or compile, directly or
indirectly, a collection, compilation, database, or directory without
written permission from us.
- Trick, defraud, or
mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
- Circumvent, disable, or
otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any
Content or enforce limitations on the use of the Services and/or the
Content contained therein.
- Disparage, tarnish, or
otherwise harm, in our opinion, us and/or the Services.
- Use any information
obtained from the Services in order to harass, abuse, or harm another
person.
- Make improper use of our
support services or submit false reports of abuse or misconduct.
- Use the Services in a
manner inconsistent with any applicable laws or regulations.
- Engage in
unauthorized framing of or linking to the Services. - Upload or transmit (or
attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services.
- Engage in any automated
use of the system, such as using scripts to send comments or messages, or
using any data mining, robots, or similar data gathering and extraction
tools.
- Delete the copyright or
other proprietary rights notice from any Content.
- Attempt to impersonate
another user or person or use the username of another user.
- Upload or transmit (or
attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats (
"gifs" ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms" ). - Interfere with, disrupt,
or create an undue burden on the Services or the networks or services
connected to the Services.
- Harass, annoy, intimidate,
or threaten any of our employees or agents engaged in providing any
portion of the Services to you.
- Attempt to bypass any
measures of the Services designed to prevent or restrict access to the
Services, or any portion of the Services.
- Copy or adapt the
Services' software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
- Except as permitted by
applicable law, decipher, decompile, disassemble, or reverse engineer any
of the software comprising or in any way making up a part of the Services.
- Except as may be the
result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation,
any spider, robot, cheat utility, scraper, or offline reader that accesses
the Services, or use or launch any
unauthorized script or other software. - Use a buying agent or purchasing
agent to make purchases on the Services.
- Make any
unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses . - Use the Services as part
of any effort to compete with us or otherwise use the Services and/or the
Content for any revenue-generating
endeavor or commercial enterprise.
9.
USER GENERATED CONTRIBUTIONS
- The
creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third
party.
- You
are the creator and owner of or have the necessary
licenses , rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You
have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
- Your
Contributions are not false, inaccurate, or misleading.
- Your
Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. - Your
Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing,
libelous , slanderous, or otherwise objectionable (as determined by us). - Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
- Your
Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
person or class of people.
- Your
Contributions do not violate any applicable law, regulation, or rule.
- Your
Contributions do not violate the privacy or publicity rights of any third
party.
- Your
Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
- Your
Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
- Your
Contributions do not otherwise violate, or link to material that violates,
any provision of these Legal Terms, or any applicable law or regulation.
10.
CONTRIBUTION
By submitting suggestions or other feedback
regarding the Services, you agree that we can use and share such feedback for
any purpose without compensation to you.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are solely
responsible for your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
Use
If you access the Services via the App, then we
grant you a revocable, non-exclusive, non-transferable, limited right to
install and use the App on wireless electronic devices owned or controlled by
you, and to access and use the App on such devices strictly in accordance with
the terms and conditions of this mobile application
Apple and
Android Devices
The following terms apply when you use the App
obtained from either the Apple Store or Google Play (each an
We
reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove
from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
We care about data privacy and security. Please
review our Privacy Policy:
These Legal Terms shall remain in full force
and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
If we terminate or suspend your account for any
reason, you are prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third party, even if you
may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.
15.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or
remove the contents of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any
information on our Services.
We cannot guarantee the Services will be
available at all times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.
16.
GOVERNING LAW
17.
DISPUTE RESOLUTION
18.
CORRECTIONS
There
may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
19.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY
20.
LIMITATIONS OF LIABILITY
IN NO EVENT
WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21.
INDEMNIFICATION
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of:
22.
USER DATA
We will maintain certain data that you transmit
to the Services for the purpose of managing the performance of the Services, as
well as data relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Services. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data.
23.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
24.
MISCELLANEOUS
These Legal Terms and any policies or operating
rules posted by us on the Services or in respect to the Services constitute the
entire agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between
you and us as a result of these Legal Terms or use of the Services. You agree
that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all
25.
CONTACT US
In order to resolve a complaint regarding the
Services or to receive further information regarding use of the Services,
please contact us at: