Agreement
Access to and use of this Website and its Content are subject to all applicable laws and regulations and to these Terms of Use. By accessing, browsing, and shopping at this Website, you accept, without limitation or qualification, these Terms of Use, which form a legally binding agreement. If you do not agree, please exit this Website.
These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Website, and you should always review these Terms of Use prior to using the Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Website.
ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED THROUGH THIS WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
Definitions
The term "Content" refers to all of the software and code comprising or used to operate this Website, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Website.
The term "Feedback" refers to the Content you post on or through this Website that is specifically about how we can improve this Website and the products and services we make available through this Website.
The term "personal information" refers to information that identifies you or is reasonably linkable to you. Examples of personal information include your name, address, and email address, as well as identifiers associated with the device(s) you use to visit the Website.
The term "Terms of Use" refer to these terms of use.
The term "User-Generated Content" refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material that you post on or through our Website using the social networking tools we make available to you and that does not constitute Feedback. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others. Examples of User-Generated Content are information you provide as part of a promotion and comments you make in response to a blog or social media post; Feedback is also considered User-Generated Content.
The terms "you" and "your" mean any user of this Website.
Our Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. Before using this Website please read it carefully. All personal information that we collect from or about you will be handled in accordance with our Privacy Policy.
Minors
This Website is a business and commercial site. As such, it is not intended for children or minors under the age of 18.
Product & Services Information
All references on this Website to information, materials, products, and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Website constitutes an offer to buy or sell our products or services in any jurisdiction.
Ownership
The posting of any Content on this Website does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any Content viewed through this Website. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Website and its Content to display, download, archive and print in hard copy, portions of this Website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
Trademarks
The Our website logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Our website (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Responsibility for User-Generated Content Posted on or Through this Website
You are responsible for User-Generated Content, e.g., reviews of products that are available on the Website, that you post. Under no circumstances will we be liable in any way for any User-Generated Content.
This means that you, not Our website, are entirely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permission to post it.
Because we do not control the User-Generated Content posted on or through this Website, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing this Website, you may encounter User-Generated Content that you may consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use or dissemination of any User-Generated Content posted, emailed, transmitted or otherwise made available on or through this Website. The User-Generated Content posted on or through this Website expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Our website or any person or entity associated with Our website.
You own User-Generated Content, but we may use it. You own the copyright in any original User-Generated Content you post. We do not claim any copyrights in User-Generated Content. However, by using this Website you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User-Generated Content that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove User-Generated Content. Our website has certain rights. We have the right (but do not assume the obligation) to:
• monitor all User-Generated Content;
• require that you avoid certain subjects as we determine in our sole and absolute discretion;
• remove or block any User-Generated Content at any time without notice at our sole and absolute discretion;
• disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena, court order, or other legal demand, to prevent or investigate a possible crime or other violation of law, to protect the rights of Our website or others, to enforce these Terms of Use, or as otherwise permitted by applicable law; and
• terminate your access to and use of this Website, or to modify, edit or block your transmissions thereto in our sole and absolute discretion.
You agree that our exercise of such discretion shall not and does not render us the owners, authors, or creators of User-Generated Content you post, and that you will retain ownership thereof and responsibility for such Content as described in these Terms of Use.
Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not:
• upload, post, transmit or otherwise make available;
• any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another's privacy;
• any User-Generated Content that constitutes or encourages activity that may violate criminal or civil law;
• any User-Generated Content that is false, misleading, or fraudulent;
• any User-Generated Content that you do not have a right or permission to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
• any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
• any request for or solicitation of any personal or private information from any individual;
• any request for or solicitation of money, goods, or services for private gain or unlawful purposes;
• any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or that may otherwise compromise the security, integrity, and availability of the Our website site or information thereon; or
• any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
• violate any local, national or international law, rule or regulation.
By posting User-Generated Content, you represent and warrant that:
• you own or otherwise control all of the rights to the User-Generated Content and have the right to grant the license set forth in these Terms of Use;
• the User-Generated Content is accurate, and
• you are at least eighteen years old and you have read and understood—and your User-Generated Content fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.
Removal of User-Generated Content
In general. On certain pages of this Website, we may provide to you a tool to report objectionable User-Generated Content. If that tool is not available, you can report objectionable User-Generated Content by contacting us using the information provided below. While we do not have any obligation to remove any User-Generated Content from this Website merely because of a removal request, we will review all such requests and will remove User-Generated Content that we determine should be removed, in our sole and absolute discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the User-Generated Content has already been distributed to other websites or users or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the User-Generated Content we remove from this Website may remain on back-up servers.
Violation of copyrights. Our website does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Website or has been otherwise copied and made available on this Website in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:
• an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on this Website (including the URL, title and/or item number if applicable, or other identifying characteristics);
• your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
• a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
