Term 28 – Terms of Service

SUMMARY

These terms and conditions (the “Terms”) set forth the terms on which {{shop_name}} Inc. (“{{shop_name}}”) governs your access to and use of this web site, any additional {{shop_name}} web sites and applications (combined, the “Site”). YOU SHOULD READ THE TERMS CAREFULLY BEFORE USING THE SITE AS THEY AFFECT YOUR LEGAL RIGHTS, INCLUDING AN AGREEMENT TO RESOLVE ALL DISPUTES THAT MAY ARISE BETWEEN {{SHOP_NAME}} AND YOU BY ARBITRATION ON AN INDIVIDUAL BASIS INSTEAD OF BY CLASS ACTION OR A JURY TRIAL.

By visiting or using the Site, you acknowledge that you have read and that you agree to abide by the Terms, including the Privacy Policy, each incorporated herein by reference, as updated from time to time. You must be the age of legal majority or older in your place of residence to use the Site. If you allow a minor to use your computer and/or Account, as defined below, to access the Site, you agree to supervise and be responsible for the minor’s actions. If at any time you no longer agree to be bound by these Terms, you should immediately cease use of this Site.

SALES AND PROMOTIONS

Shopping. Products, price and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. {{shop_name}} does not guarantee, warrant or endorse any product or service not manufactured or performed by {{shop_name}}, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by {{shop_name}}.

Orders and Acceptance. All orders are subject to these Terms. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. {{shop_name}} reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

Color. {{shop_name}} has made every effort to display as accurately as possible the colors of the advertised products that appear on the Site. However, the actual colors you see will depend on your monitor. {{shop_name}} cannot guarantee that your monitor will display any color accurately.

Promotional Offers, Contests, and Sweepstakes. {{shop_name}} reserves the right to cancel any order due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel any promotion due to system error or unforeseen problems at any time. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.

ACCOUNT AND MESSAGING MANAGEMENT

{{shop_name}} Account. Visitors to the Site (“Users”) may create and maintain a user account on the {{shop_name}} web site(s) and/or applications (“Account”), subject to these Terms. All Account information is protected under our Privacy Policy.

USER CONTENT AND SITE USE

Your Posts. Users of the Site and Social Networks, as defined in the Privacy Policy, (combined “Interactive Site”) may themselves, or permit {{shop_name}} to, publish, transmit, submit, or otherwise post (collectively, “Post”) comments or other materials (collectively, “User Content”).

User Content Use. Any User Content will be treated as non-confidential and non-proprietary. User Content may be used perpetually by {{shop_name}} or its affiliates or sublicensees for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, {{shop_name}} is free to use any ideas, concepts, know-how, or techniques contained in any User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By creating User Content, you grant {{shop_name}} and its affiliates and sublicensees a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in an unlimited manner. You also grant {{shop_name}} and its affiliates and sublicensees the right to use your name, persona and likeness included in any User Content and your Interactive Site handle, username, real name, profile picture and/or any other information associated with the User Content. You must be, or have first obtained permission from, the rightful owner of, and all person(s) appearing in, any User Content. You represent and warrant that you own the User Content; you also represent and warrant that your User Content does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party because of User Content use under these Terms. You hereby release, discharge and agree to hold {{shop_name}}, and any person acting on its behalf, harmless from any liability related in any way for use of your User Content.

Your Responsibilities. In order for us to keep the Site safe and available for everyone to use, you agree to use the Site for lawful and appropriate purposes only. You agree not to use the Site in a way that:

• Violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.

• Uses technology or other means to access the site that is not authorized by {{shop_name}} (including by disabling or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, reproduction, or distribution of site contents).

• Involves accessing the site through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the site and excluding those search engines that host, promote, or link primarily to infringing or unauthorized content).

• Attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

• Attempts to damage, disable, overburden, impair, or gain unauthorized access to the site, including {{shop_name}}’ servers, computer network, or user accounts.

• Attempts to access or collect personally information in violation of {{shop_name}}’ privacy policy.

• Encourages conduct that would constitute a criminal offense or give rise to civil liability.

• Violates these terms.

• Interferes with any other party’s use and enjoyment of the Site.

Prohibitions. You may not use the Site to harvest information about Users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks and that attempting to circumvent or circumventing these technical remedies is a violation of these Terms.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials, including User Content, 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. {{shop_name}} will fully cooperate with any law enforcement authorities or court order requesting or directing {{shop_name}} to disclose the identity of anyone posting any such information or materials.

Reporting and Removal. Despite these restrictions, please be aware that some material provided by Users may be objectionable, unlawful, inaccurate, or inappropriate. To notify us of any inappropriate User Content, email {{support_email}}. {{shop_name}} will remove User Content if we are properly notified and find that such User Content infringes these Terms or another person’s rights otherwise.

{{shop_name}} does not endorse any User Content, and User Content does not reflect the opinions or policies of {{shop_name}}. We act as a passive conduit for User Content and reserve the right, but have no obligation, to monitor User Content and to restrict or remove User Content that we determine, in our sole discretion, is inappropriate or for any other business reason.

COPYRIGHT, TRADEMARK, AND PROPRIETARY RIGHTS

All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (“Site Content”) are the property of {{shop_name}}, its merchandise suppliers, or its licensors. The overall design and appearance of the Site is the proprietary trade dress of {{shop_name}}.

All Site Content is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all {{shop_name}} trademarks, logos, page headers, custom graphics, button bars, service marks and trade names which {{shop_name}} uses in connection with the Site shall remain the exclusive property of {{shop_name}}. Nothing contained in the Terms shall be deemed to give you any rights in or to any trademarks of {{shop_name}}. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

{{shop_name}} trademarks may not be used without the written permission of {{shop_name}} and specifically should not be used in connection with any product or service that is not identifiable as belonging to {{shop_name}}, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits {{shop_name}}.

Site Content is only for personal and non-commercial use in evaluating and purchasing {{shop_name}} products. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, or otherwise distribute or exploit any Site Content. Doing so will violate {{shop_name}}’ copyright, trademark and other proprietary rights.

Any rights not expressly granted herein are reserved.

NOTICE REGARDING COPYRIGHT AGENT

{{shop_name}} does not condone copyright infringement on its Site, and will remove allegedly infringing content if properly notified of the infringement. If you are a copyright owner and believe that any content infringes your copyrighted work, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further information):

• A physical or electronic signature of a 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 at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

• A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

LINKS TO THIRD PARTY SITES

The Site may contain links to other non-{{shop_name}} web sites (“Linked Sites”). The Linked Sites are not under the control of {{shop_name}} and we are not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. {{shop_name}} is not responsible for webcasting or any other form of transmission received from any Linked Site. {{shop_name}} is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by {{shop_name}} of the Linked Site or any association with its operators.

WARRANTY AND DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. {{SHOP_NAME}} IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS, AS AVAILABLE” BASIS AND MAKES NO REPRESENTATIONS OF WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, {{SHOP_NAME}} DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, {{SHOP_NAME}} DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR MERCHANDISE PROVIDED THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN CIRCUMSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

EXCEPT AS SPECIFICALLY STATED ON THIS SITE, UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE SHALL {{SHOP_NAME}} NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, RELATED COMPANIES, SUBSIDIARIES, MERCHANTS, CONTENT PROVIDERS OR ANY OTHER PARTY INVOLVED IN THE CREATION OR MAINTENANCE OF THIS SITE BE LIABLE FOR THE FOLLOWING ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE: INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. {{SHOP_NAME}} ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IN NO EVENT DOES {{SHOP_NAME}} ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY USER CONTENT AND YOU AGREE TO WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU MAY HAVE AGAINST {{SHOP_NAME}} WITH RESPECT TO SUCH USER CONTENT. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold {{shop_name}} harmless against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site, including your User Content.

CHOICE OF LAW AND DISPUTE RESOLUTION

The Terms shall be governed by and construed in accordance with the laws of the State of {{shop_state}} U.S.A., without regard to conflict of laws provisions.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

ADDITIONAL TERMS

Certain features of the Site may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Site to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these terms. If you do not agree to Additional Terms, then you may not use the Site to which they relate. These Terms and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail for the Site to which the Additional Terms apply.

CHANGES TO TERMS

The Effective Date of these Terms is set forth at the top of this webpage. As we add new features, we may revise or supplement these terms. We will provide you with advance notice of material revisions to these Terms. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other Users of the Site. Your continued use of the Site after the Effective Date constitutes your acceptance of these Terms, as amended. As of the Effective Date, the amended Agreement supersedes all previous versions of or agreements, notices or statements about these Terms.

NOTICE TO CALIFORNIA RESIDENTS

BY USING THE SITE, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

If the Site are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information.

If the Site are deemed as electronic commercial service, you may file a complaint regarding the Site or to receive further information regarding use of the Site by sending a letter to the attention of “Legal Department” at the above address.

MISCELLANEOUS

You agree that no joint venture, partnership, employment, or agency relationship exists between you and {{shop_name}} as a result of this agreement or use of the Site or Interactive Sites. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and {{shop_name}} with respect to the Site and Interactive Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and {{shop_name}} with respect to the Sites and Interactive Sites.

TERMINATION

These Terms are effective until terminated by either party; with the exception of the User Content Use, Limitation of Liability, Indemnification, and Choice of Law and Dispute Resolution provisions, which shall survive termination. You may terminate your agreement with {{shop_name}} at any time by no longer accessing this Site and destroying all materials obtained from the Site. {{shop_name}} reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these Terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.

QUESTIONS ABOUT THE SITE

If you have a question about the Site, please contact {{shop_name}} via email at {{support_email}}.

{{shop_name}} Inc.
{{address}}
{{phone}}