Online Shopping - Enjoy Free Shipping On Orders Over $50!! For Limited Time Only!!
Online Shopping - Enjoy Free Shipping On Orders Over $50!! For Limited Time Only!!
Signed in as:
filler@godaddy.com
TABLE OF CONTENTS
1.AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3 USER REPRESENTATIONS
PRODUCTS
5. PURCHASES AND PAYMENT
_ PROMBTEDACTMTIES
7. USER GENERATED CONTRIBUTIONS
8. CUMIRIBUTUNICENSE
9. SUBMISSIONS
1U-SIE MANAGEMEN
11 TERM AND TERMINATION
12. MUDPCALUNS AND INTERRUPTUNS
13 GOVERNINGLAW
14. DISPUTE RESULUUN
15 CORRECTIONS
16. DISCI AIMED
17 LIMTATIONS OF HARITY
18. INDEMNIFICATION
19_USER DATA
20. ELECTRONIC COMMUNICATIONS. TRANSACTIONS. AND SIGNATURES
MISCELLANEOUS
22 CONTACT US
AGREEMENT TO TERMS
personal or on benar or an enutv (Vou) a
concernina vour access to and use of the
media channel mobile website or mobile apolication related.linked. or othervise connected
thereto (collectively, the "Site"). You agree that by accessing the Site, you have read,
understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE
WITH ALL OF THESE TERMS OF USE. THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY
ental terms and conditio
that mav be posted or
time are hereby expressly incorporated herein by reterence. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms of Use at any time and for any
reason. We will alert you about any changes by updating the "Last updated" date of these Term:
or use, and you waive any ront to recel
that vou check the apolcable erms everv time vou use our Site so that vou understand which
You will be subiec-to. and will be deemed to have been made aware of and to
have accepted, the changes in any revised Terms of Use by your continued use of the Site afte
the date such revised Terms of Use are nastod
Ta create a custom themA nAAsA
grade. Prof plans start as low i
>15/month. View Plans
entity in any jurisdiction or country where such distribution or use would be contrary to law or
requlation or which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose
to access the site from other locations do sc
on their own initiatve and are solelv responsible to
and to the
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise Indicated, the site is our proprietarv propertv and a source code, databases
_functionalitv. Software, weosite desians, audio. Video, text onotoaraohs, and araonics on the
Site (collectively, the "Content and the trademarks, service marks, and logos contained thereil
(the "Marks" are owned or controlled by us or licensed to us, and are protected by copyright
the United States, Inten
national coovriant aws, and internauonal convenuons. he Content and
the Marks are provided on the Site "AS Is for vour information and personal use on -xcept
as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may
be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed,
no to dOw
or the Conte
properly gained access solely for your personal, non-commercial use. We reserve all rights not
3.USERREPRESENTAONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree
to comply with these Terms of Use: (2) you are not a minor in the jurisdiction in which you
reside: 3) vou will not access the site throuan automated or non-human means. Whethe
through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorizer
purpose: and (5) vour use of the Site will not violate anv applicable law or requlator
If vou provide anv Intormation that is
ate. not current, or incomplete, we nave ih€
right to suspend or terminate vour account and rofuse anv and al current or future use of the
Site (or any portion there of
4. PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications
and delalls or tne producis avalladle on the ole. However, we do not quarantee that the colors
features. speciticatons. and derails of the producis will be accurate complete. relable-current.
or free of other errors, and vour electronic displav mav not accuratelv reflect the actual colors
and details of the products. All products are subject to availability, and we cannot guarantee that
items will be in stock. We reserve the right to discontinue any products at any time for an
eason. Prices for all products are subject to change.
5. PURCHASES AND PAYMENT
accept the followina forms or avr
You agree to provide current, complete, and accurate purchase and account information for al
purchases made via the Site. You further agree to promptly update account and paymen
intormation. Includina emall address, Davme
thoo, and Davment card expiration date. SC
that we can complete your transactions and contact you as needed. Sales tax will be added to
the price of purchases as deemed required by us. We may change prices at any time. Al
payments shall he in
You agree to pav all charges at the prices then in effect for your purchases and any applicabie
nounts upon placing your order. We
pricina. even
mav include orders aced ov or under
and/or orders that use the same billing or shipping address. We reserve the right to limit o
prohibit orders that, in our sole iudament. appear to be placed hv dealers resellers
6. PROHIBITED ACTIVITIES
You mav not access or use the or
available. The Site may not be used in connection w
that are snecificallv endorsed or anproved hv us
As a user of the Site vou agree not to
svstematicalv retrieve
limitations on the use of the Site and/or the Content contained therein
- Use any information obtained from the Site in order to harass, abuse
- enlade n una
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting o
repetitive text), that interferes with any party's uninterrupted use and enjoyment of the
Site or modifies,
•sils. alers, osheneres win t
lance or the site
messages, or using any data mining, robots, or similar data gathering and extractiol
nts notice from anv Content.
Uoload or transmit (or attempt to upload or to transmit) any material that acts as a
limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies.
mechanisms" or "oems")
Interfere with. disrupt. or create an undue burden on the Site or the networks or services
Attempt to bypass any measures of the Site designed to prevent or restrict access to the
Site or any nortion of the Sitp
Copy or adapt the Site's software, including but not
engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use
launch, develop, or distribute any automated system, including without limitation, any
spider. robot, cheat utility. Scraper. or orine
Use a buying agent or purchasing agent to make purchases on the Site
• Make any unauthorized use of the Site, including collecting usernames and/or email
¡ DV electrol
r omer means Tor the purpose or sendino unsolcieo
email. or creauna user accounts ov automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor or commercial enterprise
. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We mav provide vou with the
opportunity tC
I create.
content and materials to us or on the Site, including but not limited to text, writings, video, audio
photographs, graphics, comments, suggestions, or personal information or other materia
(collectively, "Contributions"). Contributions may be viewable by other users of the Site and
rough third-party websites. As such, any Contributions you transmit may be treated in
the we Vu
vou therebv represent and warrant that
- he creation
accessing, downloading, or copying of your Contributions do not and will not infringe the
secret, or moral hants or any tira dar
site. and
other users or the sitf
to use your Contributions in any manner contemplated by the Site and these Terms of
- You have the written consent, release, and/or permission or each and every dentable
such identifiable individual person to enable inclusion and use of vour Contributions ir
any manner contemplated by the Site and these Terms of Use
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertisina, promotional materials
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, Ilbelous
slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense or those terms
anv other person and to promote violence against a specific person or class of people
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
law concernla chia bomrany.©
rise intended to o
• Your Contributions do not include any offensive comments that are connected
national origin, gender, sexual preference, or physical handicar
- Your Contributions do not otherwise violate, or link to material that violates, any provisior
of these Terms of Use, or any applicable law or regi
Any use of the Site or the Marketplace Offerings in violation of the foregoing
use the site and the Marketolace Omerina.
8. CONTRIBUTION LICENSE
You and Site aaree that we mav access, Store, process, and use anv Intormation and personal
data that you provide following the terms of the Privacy Policy and your choices (including
selungs.
Bv submitting suggestions or other feedback reaardina the Site vou agree that we can use and
share such feedback for any purpose w
We do not assert an ownership over vour
Contributions. You retain fu ownersnio of al or vour
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions
rided by you in any area on the Site. You are solely responsible for your Contributions to the
_site and vou exoressiv agree to exonerate us trom anv and
anv legal action adainst us regardina voul
9. SUBMISSIONS
other information regarding the Site or the Marketplace Offerinas ("Submissions") provided by
vou to us are non-conti
all become our rperv
incudma al intele
al pronerv rianis, and shall be enitled to the neste use ano
dissemination of these Submissions for any lawful purpose, commercial or otherwise, without
you. You hereby waive all moral rights to any such
Submissions, and you hereby
warrant that any such submissions are original with you or tat
ou aaree there shal be no recourse against us
for any alleged or act
10. S TE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms
or use, < take appropriate legal action adanst anyone wno, In our sole discretion, Violates (ne
Jaw or these erms or Use, Includina without limitation, reportina such user to law entorceme
authonties: S) in our sole discreton and without lin
availability of, or disable (to the extent technologically feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from
the site or otherwise disable al tiles and content that are excessive in size or are In anv waV
urdensome to our svstems: and b) otherwise manage the site in a manner desianed to protect
our riahts and propertv and to
he proper functionina of the Site and the Mrketpace
11. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT
TO. IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TC
AND USO- THE SITE AND THE MARKETPLACE OFFFRINGS INCLUDING BLOCKING
CERTAIN IP ADDRESSESTO ANY PERSON TOR ANY REASON OR TORINO REASONI
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION.
WARRANTY. OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
INTHE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME WITHOUT WARNING IN OUR SOL
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any thirc
be acting on Denair or the tnird party. In additon to terminaung or
suspendina vour account, we reserve the riant to take appropriate legal action. Includina withou
imitation pursuing civil, criminal, and injunctive redress
12 MODIFCATONS AND INTERRUPTONS
We reserve the right to chanae, modiv. or remove the contents
or the site at anv ume or for anv
reason at our sole discretion without notice.
However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all or part of the
Marketplace Offerings without notice at any time. We will not be liable to you or any third party
suspension, or disconunuance or the
to the Site, resulting in interruptions, delays, or errors.
We reserve the riaht to change. revise.
update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any
time or for any reason without notice to you. You agree that we have no liability whatsoever fo
y to access or use the Site or the
Marketplace Ulterings during any downtime or discontinuance or the Site or the Marketplact
Offerinas. Nothina in these Terms of Use will be construed to obligate us to maintain and
12 GOVERNING LAW
These terms shall be governed by and defined following the laws
no resove anv alsoue win mav arse
14. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to thest
lerms or Use (each "Dispute and collectively, the Disputes ) brought by either you or U:
lindividualv a "Partv and colectivelv the "Parties" the Parties agree to first attempt to
negotiate anv Dispute (except those Disputes expresslv provided below) informalv for at least
days before initiating arbitration. Such informal negotiations commence upor
written notice from one Party to the other Party
binding Arbitration
Any dispute arising out of or in connection with this contract, including any question regarding its
existence, validity, or termination, shall be referred to and finally resolved by the Internationa
Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels,
Avenue Louise. 146) accordina to the Rules of this ICAC, which, as a result of referrina to it. is
considered as the part or this clause, he n
umber or arbitrators shal be
or legal place, or arbitration shall be
• The language of the proceedings shall bi
The governing law of the contract shall be substantive law o
Restrictions
The Parties agree
arbitration shal be limited to the Dispute between the Pares
all de joined win anv other
proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-actior
basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to
De brought In a re.
ive capacity on behalf of the ge
neral public or any othe
EXCeptions to Intormal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or
the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arisina from. aledations or thert. diracv, Invasion or brivacv. or unauthorized use;
and el anv claim for iniunctive relief.If this provision is found to be
then neither Party will elect to arbitrate an Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a court of competent
15. CORRECTIONS
There mav be intormation on
the site that contains tvooaraphical errors.
omiscions that mav relate to the Marken ace Offerinas includina descrintions pricina
maccuraces, or omissions and to chande
he homaton on me ole aranv
16. DISCLAIMER
SHE SHEIS PROVIDED UN AN AS-IS AND AS-AVAlARIE BASIS YOU AGKEE TRA
YOUR USEO- THE SITE SERVCES WILBE AT YOUR SOLE RISK. TO THE FULEST
EXTENT PERMTTED RYLAW WE DISCLAIM AH WARRANTIES -yPRESS MPLED
IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. INCLUDING. WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE. AND NON-INFRINGEMENT…WE MAKE NO WARRANTES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S
CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE OF ANY NATURE WHATSOFVER…RESULTING FROM YOUR ACCESS TO AND
uSE Of THE SITE 3, ANY UNAUTHORED ACESS OR SE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE. (5) ANY BUGS, VIRUSES, TROJAN HORSES. OR
THE ILKS WHICH MAY BE TRANSMITED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE Of
ANY CUNIEMI POSTED TRANSMITED, UR OTHERWISE MADE AVAILABLE VIAL
SITE WE DO NOT WARRANTEENDORSE,GUARANTEE OR ASSUME RESPONSIBILTY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT
BE A PARTY TO URI ANY WAY BE RESPUNSIBLE FOR MONTURINGANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVERS OF PRODUCTS OR
sErvices as with the purchase of a product or service through anv
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS. EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT. INDIRECT. CONSEQUENTIAL
EXEMPLARY INCIDENTAL. SPECIAL. OR PUNITIVE DAMAGES. INCLUDING LOST PROFIT
LOST REVENUE loss of DATA or oThEr DAMAGES ARISING FROM YOUR USE OF
THE SITE EVEN IF WE HAVE REEN ADVSE Of TH- SSIRTY SCH AMAGES
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION WILLAT ALL TIMES BELMTED TO THELESSER OF THE AMOUNT
PAID IF ANY RY YOU TOWS OR
CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IF THESE LAWS APPLY TO YOU.
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
AND YOU MAY HAVE ADDITIONAL RIGHT
18. INDEMNIFICATION
You agree to defend, indemnity, and hold us harmless, including our subsidiaries, affiliates, anc
all of our respective officers, agents, partners, and employees, from and against any loss
third party due
tO OI
mana, Includino reasonable atomeys Tees an expenses,
out of: (1) use of the Site: (2) breach of these Terms of Use
(3) any breach of your representations and warranties set forth in these Terms of Use; (4) your
violation of the rights of a third party, including but not limited to intellectual property rights; or (5)
any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstandina the foregoina. we reserve the riant. at vour expense, to assume the exclusive
defense and control or anv matter for which vou are reared to indemn us, and vou agree tc
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceedi
19 USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the
perormance of the site. as wel as data relaund to vour use or the ste Althouan we nerform
regular routine backups of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree that we shall have no
20. ELECTRONIC COMMI
SIGNATURES
NICATIONS,
TRANSACTIONS, ANL
Visiting the Site, sendina us emails, and completina online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS.
ORDERS. AND OTHER RECORDS. AND TO ELECTRONIC DELIVERY OF NOTICES
POUCIES…AND RECORDS OF TRANSACTIONS INTIATED OR COMPLETED BY US OR VA
THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinaries, or omer laws Ill any urisucuon whicn regure all Onlynal Sunidure or uelivery Ol
21. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to
the Site constitute the entire agreement and understanding between you and us.
Our failure to
exercise or enforce any right or provision of these Terms of Use shall not operate as a
such right or provision. These Terms of Use operate to
mav assian anv or al or our riants and oblidations to others at anv ume. We shal not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond
our reasonable control. If any provision or part of a provision of these Terms of Use is
determined to be unlawul, Vold, or Ul
rovision or part or provision IS
an remainina provisions. here is no joint venture, Dartnershio, emplovment or agencv
relationship created between you and us as a result of these Terms of Use or use of the Site
You agree that these Terms of Use will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties herto to execute these Terms of Use
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.