Terms of Use (original) (raw)

Last Updated: September 9, 2013

Welcome to Aly & AJ (the “Company”) and to www.alyandaj.com (the “Site”)!
Our products and services are provided subject to the following terms and conditions:

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE.

COMPANY RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT IN COMPANY’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK ON THE HOME PAGE OF THE SITE.

Privacy

You should review our Privacy Policy (www.alyandaj.com/privacy) to understand our privacy practices. Your use of the Site and any products or services offered through or on the Site are subject to such Privacy Policy and these terms of use.

Terms of Use

These Terms of Use and any amendments thereto (collectively, the “Terms”) govern your use of this Site and its related domains on which this document appears. The Terms may be changed in the future without further notice by posting an updated version at the Site. Your continued use of the Site after any such changes constitutes your express acceptance of the new Terms. These Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with the Company for products, services, or otherwise.

Restrictions On Use

You may use the Site for purposes expressly permitted by the Site. As a condition of your use of the Site and Company’s other websites, you warrant to Company that you will not use the website(s) for any purpose that is unlawful or prohibited by these Terms. For example, you may not (and may not authorize any party to) (i) co-brand the Site, or (ii) frame the Site, or (iii) hyper-link to the Site, without the express prior written permission of an authorized representative of Company. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

Personal / Non-Commercial Use Limitation

The Site is for your personal and non-commercial use, unless otherwise expressly specified to the contrary. You may not use the Site for any other purpose, including any commercial purpose, without Company’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to the Site.

Order and Payment Information

If you use the Site to purchase a product, payment must be received by the Company prior to the Company’s acceptance of an order, unless otherwise agreed by the Company. The Company may need to verify information you provide before the Company accepts an order, and may cancel or limit an order any time after it has been placed, including but not limited to the event that a product is listed at an incorrect price due to typographical or other error. If payment already has been made and your order is canceled or limited, the Company will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. The Company expressly conditions its acceptance of your order on your agreement to the Terms. In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to the Company is registered to you. The Company shall have the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided false, inaccurate, not current, or incomplete information to the Company. All prices displayed on the Site are quoted in U.S. dollars. The Company may prohibit delivery to addresses outside the United States and Canada. The Company will add shipping and handling fees and applicable sales/use tax. The Company reserves the right without prior notice to discontinue or change specifications and prices on products offered on the Site without incurring any obligation to you. Products displayed on this Site are available while supplies last.

Shipping

Unless otherwise noted, the Company will use its commercially reasonable efforts to ship products within four weeks of the receipt of a properly completed order. However, any delivery or shipment date provided by the Company to you is only a good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. The Company shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. The Company cannot ship to P.O. boxes.

Copyright

All materials on the Site, logos, design, text, graphics, software, other files, and the selection and arrangement thereof (individually and collectively, the “Content”) are proprietary to the Company and its licensors, and are protected by United States and international copyright and other intellectual property rights, laws and treaties. Copyright © 2017 Aly & AJ. ALL RIGHTS RESERVED. The Site as a collective work is the copyrighted work of the Company. Access to and use of the Site is expressly governed by these Terms. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any element of the Site. You agree not to take any action to jeopardize, limit or interfere with the Company’s ownership of and rights with respect to the Site and Content. Any copying, uploading, reproduction, transmittal or redistribution of the Content which is not in expressly authorized by these Terms is strictly prohibited. You understand and agree that making modifications to, creating derivative works based on, or any unauthorized use of, the Content or any other elements of the Site is expressly prohibited.

Linked Sites

The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of the Company and the Company is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, sponsorship or adoption by the Company of the site or any information contained therein. When leaving the Site, you should be aware that the Company’s Terms and Policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

Use Of Communication Services

The Site may contain forums, comment sections, chat areas and/or other message or communication facilities designed to allow you to communicate with the Site’s user community (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that is proper and related to the particular Communication Service.

Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Site any material that:

advocates illegal activity or discusses an intent to commit an illegal act;

you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);

is vulgar, obscene, pornographic, or indecent;

does not pertain directly to the Site;

threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

harvests or otherwise collects information about others, including e-mail addresses, without their consent;

violates any law or may be considered to violate any law;

impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;

advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Site;

solicits funds, advertisers or sponsors;

includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;

amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;

disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Site or any networks connected to the Site; or

contains hyper-links to other sites that violates any of the above.

Company reserves the right to monitor use of the Site to determine compliance with these Terms, as well as the right to remove or refuse any information for any reason. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Company also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission. Company cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Company does not control or endorse the content, messages or information found in any Communication Service and, consequently, Company specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, moderators or hosts of a chat room are not authorized Company spokespersons, and their views do not necessarily reflect those of Company.

Submissions

You hereby grant to Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Company through the Site (collectively, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

Company will treat any personal information that you submit through this site in accordance with our Privacy Policy.

Disclaimer of Warranties

The Site and products and services are provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including but not limited to warranties of title, or implied warranties of merchantability or fitness for a particular purpose. You expressly understand and agree that use of the Site and the products and services are undertaken by you at your sole risk.

Limitations on Liability

In no event, including, without limitation, negligence or intentional acts, shall the Company or its affiliates be liable whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability or strict liability, for any damages, claims, or losses incurred (including without limitation compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused, and under any theory of liability arising in connection with: (i) the Site; (ii) the use or inability to use this Site; (iii) the purchase or use of any products or services through the Site; (iv) unauthorized access to or alteration or loss of your transmissions or data or other information that is sent or received; (v) errors, system down time, network or system outages, or file corruption or service interruptions (including without limitation any loss of data, service interruption, computer failure or pecuniary loss); or (vi) otherwise hereunder, even if the Company or its representatives are advised of the possibility of such damages, claims, or losses and notwithstanding any failure of essential purpose of any limited remedy. Your only right with respect to any problems or dissatisfaction with The Site is to discontinue any use of The Site. Notwithstanding anything to the contrary contained herein, the Company’s liability to you for any cause of action or claim whatsoever, and regardless of the form of the action, will at all times be limited to the amount actually paid, if any, by you to the Company for any products, clubs or services supplied by the Company through your use of the Site in the twelve (12) month period preceding any such claim. The Company will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, electrical or communications outages, fire, flood, terrorism, acts of God or nature, or war. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law. The terms of this section shall survive any termination of the Terms.

Representations and Warranties

You represent, covenant and warrant that:

you possess the legal right and ability to enter into these Terms and to comply with its terms;

you will use the Site for lawful purposes only and in accordance with these Terms and all applicable laws, regulations and policies;

you will not attempt to decompile, reverse engineer or hack this Site, or to defeat or overcome any encryption and/or digital rights management technology implemented with respect to this Site and/or data transmitted, processed or stored by this Site;

you will not take any steps to interfere with or in any manner compromise any of the Company’s security measures;

you will only use this Site on a computer on which such use is authorized by the computer’s owner; and

you are 13 years of age or older.

If the Company has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, the Company may suspend or terminate your account, deny any or all use of the Site, and pursue any appropriate legal remedies.

Accounts and Security

To use and access exclusive and proprietary elements of the Site, such as the Vault, you must register with the Company to open an account (“Account”). As part of the registration process, each user will select a password and user name. You shall provide the Company with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Account. Your Account may not be assigned, sublicensed, transferred, or shared with any other individual or entity, and you expressly agree not to provide any other entity your password or otherwise allow them to use or access your Account. You agree to notify the Company of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site under your user name and password. The Company may immediately terminate your Account, or suspend your access to your Account, without notice, for conduct that the Company believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of these Terms or any other policies or guidelines posted by the Company; or (iii) harmful to other users, third parties, or the business interests of the Company. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your account even if such activities or uses were not committed by you. Upon termination of your Account by the Company for any of the above-mentioned reasons, you may not establish a new Account for a period of not less than one year from the date of termination. Upon termination of your Account, the Company will have no obligation to notify any third parties nor will the Company be responsible for any damages that may result or arise out of termination of your Account.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its parents, affiliates, subsidiaries, officers, directors, employees, attorneys, agents, and suppliers (collectively, the “Indemnified Parties”), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your: (i) violation or breach of any term of these Terms or any policy or guidelines referenced herein; (ii) use or misuse of this Site, the Content or any other element of the Site; or (iii) other violation of any rights of a third party. The terms of this section shall survive any termination of the Terms.

Changes to the Site

The Company may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that the Company shall not be liable therefor.

International Users

This Site is controlled, operated, and administered by the Company from its offices within the United States of America. The Company makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the California State Courts located in Los Angeles, CA, or the United States District Court located in Los Angeles, CA, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms. The terms of this section shall survive any termination of the Terms.

Termination

Notwithstanding any of these Terms, the Company reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Site and to block or prevent future access to and use of the Site. You agree that the Company shall not be liable for any termination of your use of or access to the Site.

General

The Company reserves any and all rights not expressly granted herein. Without limiting the generality of the foregoing, the Company reserves the right to make changes to the Site, policies and/or these Terms at any time and in the Company’s sole discretion. Your continued use of the Site after the Company has made any such changes constitutes your binding acceptance of such changes. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and the Company, and you do not have any authority to create any obligation or make any representation on the Company’s behalf. You may not assign this agreement, by operation of law or otherwise, without the Company’s express prior written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and the Company and their respective successors and assigns. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, including the agreements and policies referenced herein, constitute the final, complete and exclusive agreement between the Company and you with respect to your use of the Site, and may not be contradicted, explained or supplemented by evidence of any prior, contemporaneous, or oral agreements or any other additional terms except as may be amended in accordance with these Terms. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by the Company to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect. The terms of this section shall survive any termination of the Terms.

Questions

If you have any questions or concerns about these Terms or any issues raised in these Terms or on the Site, please contacts us at sanctuary@alyandaj.com.