Terms & Conditions
We reserve the right to take any technical, legal or other actions we deem necessary or appropriate, with or without notice, to prevent violations and enforce the Agreement and/or remediate any purported violation.
Without limitation, the Agreement governs all text, photographs, images, graphics, illustrations, copy, artwork, trademarks, trade names, service marks and other brand identifiers, designs and all other information, content and materials (collectively “Content”) available on or through the Services, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors and/or service providers, or by you and any other users or third parties, including any Content uploaded manually or through automation by you and/or other users.
We may, but are not required to, monitor use of the Services, including in the social community and public discussion areas, photo and video galleries, bulletin boards, forums, chat rooms and elsewhere to foster compliance with the Agreement. You specifically agree to our monitoring.
We do not pre-screen Content that you upload, transmit, send or otherwise make available to the Services.
You agree, represent, warrant and guarantee that all User Information provided by you is true, accurate, complete and solely yours. You may not impersonate or pretend to be someone else or use a fictitious identity when registering and/or setting up an account. You will update your User Information promptly when it changes. WE AND THE INDEMNITEES AS DEFINED BELOW) SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO MAINTAIN ACCURATE USER INFORMATION AND NEITHER WE NOR THE INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR USER INFORMATION.
You are solely responsible for maintaining the confidentiality of your User Information. If you believe that your User Information is not secure, you must change the affected User Information. You may not assign, license, transfer, rent or sell your User Information to any third party. You are solely responsible for all activity on your account/profile. You acknowledge and agree that we may, and you specifically authorized us to, process all transactions, including, without limitation, purchases and registrations for additional merchandise, products or services, including Content, that are initiated by use of your User Information.
We and our licensors, vendors and/or service providers will charge you fees for merchandise, products and/or services, including Content, offered for sale on or through the Services. You agree to pay all fees and charges, including applicable taxes, surcharges and delivery charges, incurred through your activity on or through the Services and/or your account/profile (collectively, the “Charges”) All Charges are quoted and charged in US Dollars. We reserve the right to change the amount of the Charges effective upon publication of the revised pricing on the Services.
If you submit a credit, debit or charge card number, or other payment information to us upon registration, at the time of purchase, or otherwise, you authorize us to retain such information and to charge all Charges to such payment method.
If payment is returned to us or charged back to us, we reserve the right, in addition to any other remedies available to us, to (1) demand immediate payment of all outstanding Charges, (2) assess an additional 5 percent late charge, or the highest amount allowed by law, whichever is lower, (3) take all legal action to collect Charges owed to us and you will be responsible for all costs and expenses associated with such collection activity, including court costs and attorneys’ fees, (4) charge such Charges to any other payment method you have on file with us and (5) terminate your account/profile, your ability to access, visit and/or use the Services, including any of our purported obligations hereunder.
The Services and the products available through the Services are intended for your personal, non-commercial use. You must comply with all applicable laws, rule and regulations in accessing and using the Services, including, without limitation all applicable import and export control laws, rules and regulations of the United States and other countries.
You represent and warrant that you are not located in a country that is subject to a US Government embargo or that has been identified as a “terrorist supporting” country and you are not listed on any US Government list of prohibited or restricted persons.
Content that is provided by us, our licensors, vendors and/or service providers is protected by applicable copyright, trademark and other intellectual property laws and is the property of us, our licensors, vendors and/or service providers.
You may not, directly or indirectly, do any of the following:
- Access or use the User Information or account/profile of any other person
b. Falsely state or imply any affiliation between you and any other person, group or entity
c. Copy, harvest, crawl, index, scrape, spider, mine, gather, extract obtain, capture or store any Content available on or through the Services
d. Use any product available through the Services in a manner that degrades, defiles, disparages, defames, libels, humiliates or violates the privacy/personal rights of any person, group or entity
e. Upload, transmit send or otherwise make available on or through the Services any Content (1) you are bound not to disclose, (2) that infringes, violates, or breaches the copyright, trademark, trade secret or any other proprietary right of us, our licensors, vendors and/or service providers, other users, and/or any third party, (3) that that degrades, defiles, disparages, defames, libels, humiliates or violates the privacy/personal rights of any person, group or entity, (4) is pornographic or offensive or (5) you are not authorized to so do
f. Copy, alter, store, transmit, convey or provide to others any Content obtained on or through the Services
You or the owner of any Content you post, upload, transmit, send or otherwise make available on or through the Services retains ownership of all rights, title and interests in such Content. However, by posting, uploading, transmitting, sending or otherwise making available Content, registering for the Services or engaging in any form of communication with us, through the Services or otherwise, you irrevocably grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to copy, reproduce, modify, edit, crop, alter, revise, adapt, enhance, reformat, rearrange, resize, move, remove, delete, erase, store, cache, publish, post, display, syndicate, distribute, transmit, rent, sell, sublicense and otherwise provide to others all such Content, in any medium (now in existence or hereafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. Among other things this means we may use any ideas, suggestions and Content that you post, upload, transmit, send or otherwise make available in any manner without compensation or attribution to you.
NEITHER WE NOR OUR INDEMNITEES MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO ANY OF THE MERCHANDISE, PRODUCTS AND/OR SERVICES FEATURED, SOLD OR OTHERWISE AVAILABLE ON OR THROUGH THE SERVICES. ALL TRANSACTIONS FOR MERCHANDISE, PRODUCTS AND/OR SERVICES ARE PROVIDED “AS-IS”, “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, EXPRESSED AND IMPLIED, INCLUDING ANY WARRANTIES OR ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ANY ELECTRONIC FORM.
WE AND OUR INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE AGREEMENT, THE SERVICES, THE SALE, PURCHASE, RECEIPT, USE OR MISUSE OF ANY MERCHANDISE, PRODUCTS AND/OR SERVICES.
IN NO EVENT SHALL OUR LIABILITY OR THE LIABILITY OF OUR INDEMNITEES TO YOU ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID TO US FOR USE OF THE SERVICES.
You agree to indemnify, defend and hold us, our licensors, vendors, service providers, and each of our and their respective, officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, “Indemnitees”) from and against any and all claims, disputes, demands, proceedings, causes of action, judgments, damages, liabilities, losses, costs or expenses (including, without limitation, reasonable attorney fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with your access, visitation and/or use of the Services, your Content, use of any merchandise or products, unauthorized use of Content obtained on or through the Services, breach or alleged breach of the Agreement, or from any of your acts or omissions in connection with the Services, or any merchandise or products obtained through the Services.
The Services are based in the United States. It is not designed or intended for, or directed to, any other country. Those who access and/or use the Services are responsible for compliance with local laws. We make no representation or warranty that the Services are appropriate or legal in any particular geographical location.
You agree that in any dispute between us, you will first agree in good faith to make a sustained effort to resolve the dispute before resorting to any court action. In the event of any court action, all disputes will be resolved individually, without resort to class action, and you specifically waive your right to a trial by jury. You agree that any cause of action must commence within one (1) year after the underlying issue first arose, otherwise you waive any right to bring the cause of action.
You agree that all issues concerning the construction, validity and enforcement of the Agreement shall be governed by the laws of the State of New Jersey. Any disputes that resulted in a court action will be resolved exclusively by a state or federal court in the State of New Jersey and you specifically consent to personal jurisdiction of such courts and waive any claim of forum non-conveniens.
If any provision of this Agreement is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of this Agreement will continue to be valid.
This Agreement constitutes the entire agreement and understanding between us with respect to the subject matter hereof. No oral statement or other written statement of any person whomsoever shall, in any manner or degree, modify or otherwise affect the terms and provisions of this Agreement except as expressly provided herein.