TERMS OF SERVICE
Please review the following terms and conditions concerning your use of and access to the website, any mobile applications, and affiliated websites (Together, collectively, the “service”) . By accessing and/Or using the website, you agree to follow and be bound by these terms of service (“terms”). If you do not agree with these terms, youmaynot use the service.
Notice of arbitration agreement and class action waiver: This agreement includes a binding arbitration clause and a class action waiver, set forth below, which affect your rights about resolving any dispute with the company. Please read it carefully.
INFORMATION FOR USERS
Account Creation. You are eligible to use the Service if you are the age of 18 or older. You are ineligible to use the Service if you have been suspended by the Company or you are under the age of 18. By becoming a user of the Service, you represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Service. Your registration with the Service is for your sole use. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity.
Except where expressly provided otherwise by the Company, all comments, feedback, information and data submitted to the Company through, in association with or in regard to the Service ("Submissions") shall be considered non-confidential and the Company’s property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method the Company sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to the Company, you agree to assign to the Company, as consideration in exchange for the use of the Service, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant the Company these rights. The Company shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not the Company, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.
All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, the Company reserves the right to cancel or suspend your account. Furthermore, the Company reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using the Company for improper purposes, or any purpose inconsistent with its business.
Content and Accuracy of Information. We attempt to ensure that information on this Service is complete, accurate and current. Despite our efforts, the information on this Service may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Service.
Use of Service Content. All materials provided by the Service, including, but not limited to, information, images, graphics, logos, sounds, compilations, content and services ("Materials" or “Content”) are protected by and subject to copyright, trademark, patent, trade secret and other laws and are owned or controlled by the Company, or their respective partners, vendors, licensors, agents and/or representatives (whether or not such persons are credited as the provider of the Content). The Company reserves all rights in and to the Content not expressly granted to you hereunder. You shall have no rights to the Materials and you shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
None of the Content may be modified, copied, stored, printed, reproduced, distributed, republished, hosted, performed, downloaded, displayed, posted, reposted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, recording, or other means, without the prior express written permission of the Company. Also, you may not "mirror" or “archive” any Content contained on the Service on any other server without the Company’s prior express written permission.
You may not sublicense, assign or transfer any licenses granted by the Company, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works of the Materials or Content.
Except where expressly provided otherwise by the Company, nothing on the Service shall be construed to confer any license or ownership right in or to the Materials, under any of the Company’s intellectual property rights, whether by estoppel, implication, or otherwise.
Any unauthorized use of any Materials contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is the Users’ obligation to comply with all applicable state, federal and international laws. Users are responsible for maintaining the confidentiality of their account information and password and for restricting access to such information and to their computer. Users agree to accept responsibility for all activities that occur under your account or password.
Termination. You or we may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Service at any time without notice.
SMS/MMS MOBILE MESSAGE MARKETING
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from the Company. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to opt out by following the instructions in the text message. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying the Company of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by the Company, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with the Company.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
LINKS TO THIRD PARTY SITES
The website or application may contain links or have references to websites controlled by parties other than the Company. The Company is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by the Company. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSES FROM THE COMPANY
Users are being granted solely a limited, non-exclusive, non-transferrable, license to access the Service and view the Content through the Service. Except for the limited license, no right, title, interest shall be transferred to you.
REPRESENTATIONS AND WARRANTIES
Each User represents and warrants that it has the power and authority to enter into these Terms. The Company warrants that it will provide the Service in a manner consistent with its business practices, as the Company, in its sole and absolute discretion, deems fit.