These Terms of Use apply to this website (the "Site"), and all other websites maintained by our Company, LLC or its affiliates (hereinafter referred to as "we", "us", or "our"). By using the Site, you agree to be bound by these terms and any other terms and conditions, agreements, or policies set forth on the Sites or incorporated by reference, including without limitation, the Privacy Policy, (collectively the "Terms and Conditions"). IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. We may change the Terms and Conditions from time to time, at its sole discretion. Please periodically visit this section of the Site to review the current version of these terms. You agree to comply with any additional terms which are referred to on this Site or any area within the Site.
DISCLAIMER OF WARRANTY; EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY
The Site is provided free of charge, and accordingly is provided "AS IS" and with all faults. Use the Site at your own risk. We make no representations or warranties of any kind, either express or implied, with regard to the Site. To the fullest extent permitted by law, we disclaim all warranties, express or implied, and all implied terms and conditions, including but not limited to those related to merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement.
OUR COMPAANYOR ANY OF ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTORY OR OTHERWISE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, OR ANY OTHER SITE, THE ACCURACY OF THE INFORMATION ON THE SITE OR THE PERFORMANCE OF THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE OR THE CONDUCT OF OTHER SITE USERS (WHETHER ONLINE OR OFFLINE) OR ANY USER CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST US FOR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless us, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your Content, your use of Content, your use of the Site, your conduct in connection with the Site or with other Site users, or any violation of these Terms of Use, any law or the rights of any third party.
USER BEHAVIOR
You are solely responsible for your User Content, your interactions with other users and your activity on the Site. Do not take any action or post anything that may expose us or our users to any harm or liability of any type. Do not register any third party for an account, services, promotions, contests or sweepstakes without their knowledge and explicit consent. Such actions are prohibited and could give rise to civil and criminal proceedings.
Do not post any User Content, take any action or use the Site in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Site designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Site. Do not post User Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Site security technology or software.
ELIGIBILITY, REGISTRATION AND PASSWORDS
To become a member of the Site, or post User Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Site. This Site is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Site. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age. You are responsible for any actions that take place while using your account. Keep your username and password secure and do not allow anyone to use your username and password to access the Site. We are not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge.
INTELLECTUAL PROPERTY
All intellectual property on the Site (except for User Content) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Site (except for User Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under copyright laws and is the proprietary property of us. All rights reserved.
SITE USE RESTRICTIONS
Without the prior written consent of us or its relevant licensors, no license or other right to the use of the contents is granted either explicitly or implicitly or in any other way. Any unauthorized use of the Content is strictly prohibited and will be subject to civil and criminal prosecution by us. The viewing, printing or downloading of any graphic, form, document or other content from the Site grants you only a limited, nonexclusive and nontransferable license for use solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the Site and its contents terminates the license granted hereby.
COPYRIGHT INFRINGEMENT
If you believe that your work has been improperly copied and posted on the Site, please provide us with your : (1) name, address, telephone number, email address; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site copyrighted work is located; (4) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; and (5) your sworn statement, signed by you and the copyright owner or his/her authorized agent, 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.
USER CONTENT
"User Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Site users post or otherwise make available on or through the Site, except to the extent the Content is owned by us.
All notices, proposals, ideas, feedback, comments, complaints and other content which you create and/or provide to us, will be regarded as provided on a non-confidential basis. We reserve the right to use this information at its exclusive discretion. We are not subject to any obligation to prescreen User Content. We do not guarantee the Site will be free from User Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. We are acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Content or activities of users on the Site.
LINKS
The Site may contain links to websites, applications or other products or services operated by other companies ("Third Party Sites"). These Third Party Sites are not operated by us and we do not endorse, monitor or have any control over these Third Party Sites, which have separate terms of use and privacy policies. Please carefully read the terms and conditions of use and other policies of such Third Party Sites.
These Terms of Use do not apply to any Third Party Sites. We are responsible for the content or policies of Third Party Sites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US OR OUR AFFILIATES, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. IN NO EVENT SHALL US OR OUR AFFILIATES BE LIABLE FOR DAMAGES ARISING FROM ANY USE OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES.
PURCHASE OF PRODUCTS
We reserve the right to reject orders and limit order quantities in our sole discretion. All orders placed through the Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later canceled, we will issue you a refund. We do not accept any cancellations or returns except as specified in our Return Policy or required by applicable law.
MISCELLANEOUS
TERMINATION
We reserve the right, in its sole discretion, at any time, to change the Terms of Use, modify, discontinue or terminate the Site (or any part thereof) with or without notice, terminate or delete your account, and any of your User Content, restrict your use of all or any part of the Site for any or no reason, without notice, and without liability to you or any third party. We also reserve the right to block you or any third party from certain IP addresses or prevent access to the Site. These Terms of Use remain in effect even after your account is terminated.
