Unless otherwise noted, the design of the Sites, including the software, source code, text, images and all other content and materials that are part of the Sites (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Sites. Certain parts of the Sites may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title or interest in or to the Content. Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Sites. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state or international laws.
We do our best to ensure that information on the Sites is complete, accurate and current. Despite our efforts, however, information on the Sites may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Sites are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products. However, we cannot guarantee that your computer will accurately display such products. We do not warrant the accuracy or completeness of the information, content or materials provided through the Sites. The inclusion of any products or services on the Sites at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Sites are made pursuant to shipment conditions, by accepting these terms and conditions through your use of the Sites. You are responsible for contacting customer service regarding any claims for damaged and/or lost shipments.
By making a purchase on the Sites or otherwise creating an account on the Sites, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without any notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You have the right to return any order within 30 days from receiving the order. The right applies only in the case that the product and its original packaging can be returned in the same condition as when received. Contact customer service in order to return your item. Return shipping is paid by you.
The merchandise sold through the Sites is intended to comply with U.S laws and regulations. If you are a non-U.S based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S. Merchandise availability on our Sites is not guaranteed as it may be low in stock.
From time to time, users may post comments, suggestions, ideas, materials and other submissions (“User Comments”) on the Sites. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to fully exploit such User Comments. You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.
Although User Comments may be posted on the Sites, the posting of those submissions does not constitute our endorsement of such User Comments. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death made in connection with User Comments. We reserve the right to remove any User Comments that we deem to be in violation of the above.
The Sites may include links to other websites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by us of the content or materials on these websites. Your access to these third party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.
You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Sites, or which impacts the security of the Sites, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Sites, or to copy content from the Sites.
You are responsible for the personal protection and security of any password or username that you may use to access the Sites. You are responsible for all activity conducted on the Sites that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to customer service.
If you believe someone has used your password or account without your authorization, you must notify customer service immediately. We reserve the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests.
YOUR USE OF THE SITES IS AT YOUR RISK. THE INFORMATION, MATERIALS, CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITES IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITH RESPECT TO OUR PRODUCTS, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of the Sites or breach of these Terms.
These Terms shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. Venue shall be any state or federal court within the borough of Manhattan in New York City.
You agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“dispute”), you shall first try in good faith to settle such dispute by providing notice to us, allowing 30 days for our response to the dispute. Notice shall be sent to customer service. In the event that we are unable to resolve the dispute with you, you agree we may elect to resolve the dispute by utilizing binding arbitration, which would be adjudicated by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in New York before one arbitrator to be mutually agreed upon by both parties. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.
The Sites sell products to retail consumers only. You shall not use the Sites to purchase products for re-sale or export. In addition, we do not accept orders from any resellers, dealers, exporters, or distributors who may resell the products offered by us. We reserve the right to immediately bar access to the Sites and terminate the account of any user who violates this provision.
By submitting information for purposes of the “Re-Live Your Stories” section of the Sites, you agree to the following:
You grant us a royalty-free, perpetual, irrevocable, worldwide license to edit and use your content (photograph/video/caption/text etc.) submitted to us (the ”Content”) for all marketing and advertising purposes, including but not limited to: Instagram, Facebook, Twitter, Pinterest, Tumblr, WeHeartit, LinkedIn, Polyvore, theamericandollar.info and in any other digital media and print media. This license can also be transferred by us and our affiliated companies to third party collaborators for the purpose of promoting our products. This license also includes a right, but not an obligation, to refer to the creator of the Content and the social media account where the Content was uploaded. You confirm that you own or control the rights to the Content. If you are under 18 years old you guarantee that you have your parents consent to submit Content to us and engage in this contract. Furthermore, you certify that the Content submitted by you does not violate any rights of a third party or any law, and you will hold us harmless and indemnify us in the event of any lawsuit which is the result of a breach of this contract.
If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact customer service.