1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to 'Our Online Store', you agree to be bound
by these Terms of Use, and as amended from time to time with or without notice
to you. In addition, if you are using a particular service on or through
'Our Online Store', you will be subject to any rules or guidelines applicable to those
services and they shall be incorporated by reference into these Terms of Use.
Please see our Privacy Policy, which is incorporated into these Terms of Use
by reference.
2. Our Service.
'Our Online Store' and services provided to you on and through 'Our Online Store'
are on an "AS IS" basis. You agree that the owners of 'Our Online Store'
exclusively reserve the right and may, at any time and without notice and any
liability to you, modify or discontinue 'Our Online Store' and its services
or delete the data you provide, whether temporarily or permanently. We shall
have no responsibilty or liability for the timeliness, deletion, failure to
store, inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations.
In order to use 'Our Online Store', you must register on our site, agree to
provide truthful information when requested, and be at least the age of thirteen
(13) or older. When registering, you explicitly agree to our Terms of Use and
as may be modified by us from time to time and available here.
4. Privacy Policy.
Registration data and other personally identifiable information that we may
collect is subject to the terms of our Privacy Policy.
5. Registration and Password.
You are responsible to maintain the confidentiality of your password and shall
be responsible for all uses via your registration and/or login, whether authorised
or unauthorised by you. You agree to immediately notify us of any unauthorised
use or your registration, user account or password.
6. Your Conduct.
You agree that all information or data of any kind, whether text, software,
code, music or sound, photographs or graphics, video or other materials ("Content"),
publicly or privately provided, shall be the sole responsibility of the person
providing the Content or the person whose user account is used. You agree that
'Our Online Store' may expose you to Content that some may find to be objectionable
or offensive. We shall not be responsible to you in any way for the Content
that appears on 'Our Online Store' nor for any error or omission.
You explicitly agree, in using 'Our Online Store' or any service provided,
that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal,
threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous,
vulgar, obscene, offensive, objectionable, pornographic, designed to or does
interfere or interrupt 'Our Online Store' or any service provided, infected
with a virus or other destructive or deleterious programming routine, give rise
to civil or criminal liability, or which may violate an applicable local, national
or international law;
(b) impersonate or misrepresent your association with any person or entity,
or forge or otherwise seek to conceal or misrepresent the origin of any Content
provided by you;
(c) collect or harvest any data about other users;
(d) provide or use 'Our Online Store' and any Content or service in any commercial
manner or in any manner that would involve junk mail, spam, chain letters, pyramid
schemes, or any other form of unauthorised advertising without our prior written
consent;
(e) provide any Content that may give rise to our civil or criminal liability
or which may consititue or be considered a violation of any local, national
or international law, including but not limited to laws relating to copyright,
trademark, patent, or trade secrets.
7. Suggestion of Designs to 'Our Online Store'.
By providing any design suggestions to 'Our Online Store':
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive
right and license (including any moral rights or other necessary rights) to
use, display, reproduce, modify, adapt, publish, distribute, perform, promote,
archive, translate, and to create derivative works and compilations, in whole
or in part. Such license will apply with respect to any form, media, technology
known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights
that may be necessary to grant us with the license set forth in this Section
7;
(c) you acknowledge and agree that we shall have the right (but not obligation),
in our sole discretion, to refuse to publish or to remove or block access to
any Content you provide at any time and for any reason, with or without notice.
8. Third Party Services.
Goods and services of third parties may be advertised and/or made available
on or through 'Our Online Store'. Representations made regarding products and
services provided by third parties are governed by the policies and representations
made by these third parties. We shall not be liable for or responsible in any
manner for any of your dealings or interaction with third parties.
9. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related
parties, officers, directors, employees, agents, independent contractors, advertisers,
partners, and co-branders from any claim or demand, including reasonable attorneys
fees, that may be made by any third party, that is due to or arising out of
your conduct or connection with 'Our Online Store' or service, your provision
of Content, your violation of this Terms of Use or any other violation of the
rights of another person or party.
10. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF 'Our Online Store' AND ANY SERVICES
OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED
TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
11. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE
SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING
FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORISED
ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
12. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights,
designs, trademarks, patents, trade secrets, and any other proprietary right
that we may have in 'Our Online Store', its content, and the goods and services
that may be provided. The use of our rights and property requires our prior
written consent. We are not providing you with any implied or express licenses
or rights by making services available to you and you will have no rights to
make any commercial uses of 'Our Online Store' or service without our prior
written consent.
13. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered
copyright infringement or a violation of your intellectual property rights,
our copyright agent may be contacted via our 'Contact Us' page:
14. Applicable Law.
You agree that this Terms of Use and any dispute arising out of your use of
'Our Online Store' or our products or services shall be governed by and construed
in accordance with local laws where the headquarters of the owner of 'Our Online Store'
is located, without regard to its conflict of law provisions. By registering
or using 'Our Online Store' and service you consent and submit to the exclusive
jurisdiction and venue of the city where the headquarters of the owner of
'Our Online Store' is located.
15. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under which any
provision may be held invalid by a court with jurisdiction over the parties,
such provision will be interpreted to reflect the original intentions of the
parties in accordance with applicable law, and the remainder of this Terms of
Use will remain valid and intact; (ii) The failure of either party to assert
any right under this Terms of Use shall not be considered a waiver of any that
party's right and that right will remain in full force and effect; (iii) You
agree that without regard to any statue or contrary law that any claim or cause
arising out of 'Our Online Store' or its services must be filed within one
(1) year after such claim or cause arose or the claim shall be forever barred;
(iv) We may assign our rights and obligations under this Terms of Use and we
shall be relieved of any further obligation.
