AGREEMENT TO OUR 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
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. RETURN POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. GUIDELINES FOR REVIEWS
12. SOCIAL MEDIA
13. ADVERTISERS
14. SERVICES MANAGEMENT
15. PRIVACY POLICY
16. TERM AND TERMINATION
17. MODIFICATIONS AND INTERRUPTIONS
18. GOVERNING LAW
19. DISPUTE RESOLUTION
20. CORRECTIONS
21. DISCLAIMER
22. LIMITATIONS OF LIABILITY
23. INDEMNIFICATION
24. USER DATA
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26. SMS TEXT MESSAGING
27. MISCELLANEOUS
28. CONTACT US
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
We own or hold licenses for all intellectual property rights related to our Services. This includes all source code, databases, functionality, software, website designs, audio, video, text, photos, and graphics (collectively, “Content”), as well as trademarks, service marks, and logos (collectively, “Marks”). Both domestically and internationally, these Content and Marks are protected by copyright, trademark laws, and other intellectual property and unfair competition laws. They are provided through our Services “AS IS” solely for your personal, non-commercial use or internal business purposes.
Your use of our Services
As long as you follow these Legal Terms, including the “PROHIBITED ACTIVITIES” section, we grant you a non-exclusive, non-transferable, revocable license to:
- Access the Services; and
- Download or print a copy of any portion of the Content to which you have properly gained access.
This license is granted exclusively for personal, non-commercial use or internal business purposes. Unless specifically stated otherwise, you are not permitted to copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Services, Content, or Marks for commercial purposes without our prior written consent. If we do grant permission for any use beyond what is described, you must properly credit us as the owners or licensors and retain all copyright or proprietary notices.
We reserve all rights not explicitly granted to you concerning the Services, Content, and Marks. Any violation of these intellectual property rights will be treated as a serious breach of our Legal Terms and will result in the immediate termination of your right to use our Services.
Your submissions and contributions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: When you send us any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Submissions”), you agree to transfer all intellectual property rights in such Submissions to us. We will own these Submissions and can use them for any lawful purpose, commercial or otherwise, without acknowledging or compensating you.
Contributions: By posting Contributions on our Services, you grant us a broad, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, reproduce, distribute, publish, broadcast, and otherwise exploit your Contributions (including your image, name, and voice) for any purpose, including commercial and advertising purposes. This license also extends to the use of your name, company name, trademarks, and personal images. Contributions can include text, videos, audio, photos, music, graphics, comments, reviews, and personal information. Any publicly posted submissions will also be considered Contributions.
You understand that Contributions may be viewable by other users of the Services.
You RResponsibilities:
You are responsible for the content you post or upload. By sending Submissions or posting Contributions, you:
- confirm that you have read and agree to our “PROHIBITED ACTIVITIES” and will not post any content that is illegal, hateful, defamatory, obscene, discriminatory, or otherwise unacceptable;
- warrant any moral rights to such Submissions or Contributions where permitted by law;
- warrant your Submissions and Contributions are original or that you have the necessary rights and licenses to grant us the above rights
- Warrant that your Submissions and Contributions are not confidential.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content at our discretion and may suspend or disable your account and report you to authorities if necessary.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
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
We strive to present the colors, features, specifications, and details of products on our Services as accurately as possible. However, we do not guarantee that these descriptions will be accurate, complete, reliable, current, or free of errors. Your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot ensure that any item will remain in stock. We reserve the right to discontinue any product at any time for any reason. Prices are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
– Visa
– American Express
– PayPal
– Mastercard
You agree to provide accurate, complete, and current information for all transactions made through the Services. It is your responsibility to promptly update your account and payment details, including your email address, payment method, and card expiration date, to ensure smooth processing of transactions and effective communication. Sales tax will be applied as required, and we reserve the right to adjust prices at any time. All payments must be made in US dollars.
You agree to pay all applicable charges at the prevailing prices and any shipping fees. By placing an order, you authorize us to charge your selected payment method for these amounts. We reserve the right to correct any pricing errors, even if payment has already been processed.
We may refuse any order placed through the Services at our discretion and reserve the right to limit or cancel quantities purchased per person, household, or order. This includes orders from the same customer account, payment method, or billing and shipping address. We may also restrict orders that appear to be made by dealers, resellers, or distributors
7. RETURN POLICY
Please review our Return Policy posted on the Services prior to making any purchases.
8. PROHIBITED ACTIVITIES
You may only use the Services for their intended purpose as provided by us and not for any commercial activities unless explicitly authorized. As a user, 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.
- Use the Services to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
By adhering to these guidelines, you help maintain a safe and respectful environment for all users of the Services. Violations of these terms may result in the suspension or termination of your account and access to our Services.
9. USER GENERATED CONTRIBUTIONS
The Services may enable you to engage in activities like chatting, contributing to blogs, message boards, online forums, and other features, involving various types of content and materials such as text, videos, audio, photos, graphics, comments, and personal information (collectively called “Contributions”). These Contributions may be visible to other users and potentially third-party sites, so they should be considered non-confidential and non-proprietary.
By creating or sharing Contributions, you represent and warrant that:
- Non-Infringement: Your Contributions do not infringe on any third-party rights, including copyrights, patents, trademarks, trade secrets, or moral rights.
- Ownership and Permissions: You either own the Contributions or have the necessary licenses, rights, consents, releases, and permissions for us and other users to use them as outlined in the Services and these Legal Terms.
- Consent from Individuals: You have obtained written consent from any identifiable individuals in your Contributions to use their name or likeness.
- Accuracy: Your Contributions are accurate and not misleading.
- No Unsolicited Ads: Your Contributions are not unsolicited ads, promotional content, pyramid schemes, chain letters, spam, or other forms of solicitation.
- Objectionable Content: Your Contributions are not obscene, lewd, violent, harassing, defamatory, or otherwise objectionable as determined by us.
- Respectful Behavior: Your Contributions do not mock, disparage, intimidate, or abuse anyone.
- Non-Violent: Your Contributions do not harass, threaten, or promote violence against any person or group.
- Legal Compliance: Your Contributions comply with all applicable laws, regulations, and rules.
- Privacy and Publicity: Your Contributions do not infringe on anyone’s privacy or publicity rights.
- No Illegal Content: Your Contributions do not contain illegal content or harm minors.
- No Offensive Comments: Your Contributions do not contain offensive comments related to race, national origin, gender, sexual orientation, or disability.
- Adherence to Legal Terms: Your Contributions do not violate these Legal Terms or any applicable laws or regulations.
Failure to comply with these guidelines may result in the termination or suspension of your access to the Services.
10. CONTRIBUTION LICENSE
By posting Contributions to any part of the Services or linking your account to social networking accounts, you automatically grant us, and affirm that you have the right to grant us, a broad, unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license. This license permits us to host, use, copy, reproduce, disclose, sell, publish, broadcast, archive, store, cache, publicly perform, display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your Contributions (including your image and voice) for any purpose, including commercial and advertising. We may also create derivative works from or incorporate your Contributions into other works and grant sublicenses for these uses. This license applies to all current and future media formats and technologies and includes our use of your name, company name, franchise name, and any trademarks, service marks, trade names, logos, and images you provide. You waive any moral rights in your Contributions and confirm that no moral rights have been asserted.
While you retain full ownership of your Contributions and associated intellectual property rights, we are not responsible for any statements or representations made in your Contributions. You are solely accountable for your Contributions and agree to hold us harmless from any legal claims related to them.
We reserve the right, at our sole discretion, to edit, redact, or modify Contributions, re-categorize them, or pre-screen and delete them at any time and for any reason, without notice. We are not obligated to monitor Contributions.
11. GUIDELINES FOR REVIEWS
We may offer sections on the Services for leaving reviews or ratings. When posting a review, you must adhere to the following guidelines: (1) ensure you have direct experience with the individual or entity being reviewed; (2) avoid using offensive profanity, abusive, racist, or hateful language; (3) refrain from including discriminatory remarks based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) do not reference illegal activities; (5) avoid posting negative reviews if you are affiliated with competitors; (6) do not make judgments about the legality of conduct; (7) do not include false or misleading statements; and (8) do not organize campaigns to encourage others to post reviews, whether positive or negative.
We reserve the right to accept, reject, or remove reviews at our discretion and are not obligated to screen or delete reviews, even if they are objectionable or inaccurate. Reviews do not reflect our views or those of our affiliates or partners, and we are not liable for any claims, liabilities, or losses related to reviews. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use, modify, reproduce, translate, transmit, display, and distribute all content related to the review.
12. SOCIAL MEDIA
As part of the Services, you can link your account to third-party service accounts (“Third-Party Accounts”) by either: (1) entering your Third-Party Account login details through the Services, or (2) granting us access to your Third-Party Account as permitted by the terms governing your use of each Third-Party Account. You confirm that you have the right to share your Third-Party Account login information with us and/or allow us access to your Third-Party Account without violating any terms or incurring additional fees or usage restrictions imposed by the third-party provider.
By linking your Third-Party Accounts, you acknowledge that:
- Access and Display: We may access, display, and store (if applicable) any content from your Third-Party Account (the “Social Network Content”) on the Services, including friend lists.
- Information Exchange: We may exchange additional information with your Third-Party Account as notified when you link the accounts. Depending on your Third-Party Accounts and their privacy settings, personal information from these accounts may be visible on the Services.
Please note that if a Third-Party Account or its service becomes unavailable or access is terminated by the provider, Social Network Content may no longer be accessible on the Services.
You can disconnect your account from Third-Party Accounts at any time. Your relationship with third-party service providers is governed solely by your agreements with them. We do not review Social Network Content for accuracy, legality, or non-infringement and are not responsible for it.
Access to Contacts: You agree that we may access your email address book associated with a Third-Party Account and your mobile device’s contacts list to identify and notify you of contacts who also use the Services. You can deactivate this connection by contacting us directly or through your account settings. We will make efforts to delete any information obtained from the Third-Party Account from our servers, except for the username and profile picture associated with your account.
13. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
14. SERVICES MANAGEMENT
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.
15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws, then through your continued use of the Services, you are transferring your data, and you expressly consent to have your data transferred to and processed.
16. TERM AND TERMINATION
These Legal Terms remain effective as long as you use the Services. We reserve the right, at our sole discretion and without notice or liability, to deny access to or use of the Services (including blocking IP addresses) to any individual for any reason or no reason, including breaches of these Legal Terms or applicable laws. We may terminate your use or participation in the Services or delete your account and any posted content at any time, without warning.
If we terminate or suspend your account, you are prohibited from registering or creating a new account under your name, a false name, or on behalf of any third party. We also reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedies.
17. 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. We are not obligated to update any information on our Services. Additionally, we may modify or discontinue all or part of the Services without notice at any time. We will not be liable for any modifications, price changes, suspensions, or discontinuations of the Services.
The availability of the Services is not guaranteed. We may experience hardware, software, or other issues, or need to perform maintenance, which could result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, or discontinue the Services at any time without notice. We are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuation. Nothing in these Legal Terms requires us to maintain or support the Services or to provide corrections, updates, or releases related to them.
18. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of Preston Benjamin Macy LLC and yourself irrevocably consent that the courts shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
19. DISPUTE RESOLUTION
Binding Arbitration
Any dispute arising from or related to these Legal Terms, including questions regarding their existence, validity, or termination, shall be resolved through arbitration by the International Commercial Arbitration Court under the European Arbitration Chamber (Brussels, Avenue Louise, 146) according to its Rules. The seat of arbitration shall be in the designated location, and the proceedings will be conducted in the agreed language. The governing law of these Legal Terms will be the substantive law specified.
Restrictions
Arbitration will be limited to disputes between the parties individually. To the fullest extent allowed by law: (a) no arbitration will be combined with other proceedings; (b) disputes cannot be arbitrated on a class-action basis or use class action procedures; and (c) disputes cannot be brought in a representative capacity on behalf of the public or others.
Exceptions to Arbitration
The following disputes are not subject to arbitration: (a) disputes related to intellectual property rights; (b) disputes concerning theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If any part of this provision is deemed illegal or unenforceable, that part will be decided by a competent court as specified above, and the parties agree to submit to the court’s jurisdiction.
20. 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.
21. DISCLAIMER
Disclaimer of Warranties
The Services are provided on an “as-is” and “as-available” basis. You agree to use the Services at your own risk. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy or completeness of the content on the Services or any linked websites or mobile applications and will not be liable for any:
- Errors, mistakes, or inaccuracies in content.
- Personal injury or property damage resulting from your use of the Services.
- Unauthorized access to or use of our secure servers and any personal or financial information stored therein.
- Interruption or disruption of service transmissions to or from the Services.
- Bugs, viruses, Trojan horses, or similar issues transmitted through the Services by third parties.
- Errors or omissions in content or materials, or any loss or damage resulting from the use of content provided through the Services.
We do not warrant or endorse any products or services advertised or offered by third parties through the Services or linked sites and are not responsible for any transactions between you and third-party providers. Exercise caution and use your best judgment in any purchase or transaction.
22. 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.
23. 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: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
24. USER DATA
We will retain data you transmit to the Services to manage their performance, along with data related to your use. While we perform regular backups, you are solely responsible for any data you transmit or that relates to your activities on the Services. We are not liable for any loss or corruption of this data, and you waive any right to claim against us for such loss or corruption.
25. 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.
26. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with “STOP.” You may receive an SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email us at [email protected]
27. MISCELLANEOUS
These Legal Terms, along with any policies or operating rules related to the Services, constitute the entire agreement between you and us. If we fail to enforce any provision of these Terms, it does not waive our right to enforce it in the future. We may assign our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act due to circumstances beyond our control. If any provision is found to be unlawful, void, or unenforceable, it will be severed, and the remaining provisions will continue to apply. No joint venture, partnership, employment, or agency relationship is created by these Terms. These Terms will not be interpreted against us because we drafted them, and you waive any defenses related to their electronic form and lack of signatures.
28. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us.