Last Updated: May 12th, 2012
Site Use Restrictions
- You will use the Site Content only for your own non-commercial use to participate in the Site.
- You agree not to change or delete any ownership notices from materials downloaded or printed from the Site.
- You will not modify, copy, translate, create derivative works from, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit, sell or otherwise use any Site Content or User Content, without our prior written consent, unless it is your own User Content that you legally post on the Site, or through User Content downloading tools expressly offered by us.
- You will not use any data mining, robots, scraping or similar data gathering methods.
- You will not take any action or use the Site in a way that violates any law, would create liability or promotes illegal activities.
- You will not take any action on the Site designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any software or hardware, telecommunications equipment or the site, including posting viruses, programs or other code.
- You will not circumvent or modify any Site security technology or software.
- You will not use automated scripts to collect information from, or otherwise interact with, the Site.
- You will not impersonate any person or entity or misrepresent your affiliation with any person or entity.
- You will not attempt to use another user's account, username or password.
- You will not "stalk," intimidate, abuse, harm or harass another Site user or person.
Safeguard Your Username/Password
You are responsible for any actions that take place while using your account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Site. We are not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
"User Content" is data, code, files, videos, photos, messages, comments, Facet™ information, materials, links, designs, graphics, and any other content that you and/or other Site users post or upload on or through the Site, except to the extent that the content is owned by us. While we do make regular backups of User Content, we have no obligation to do so and you should take appropriate steps to maintain your User Content.
Rules for User Content
You are solely responsible for your User Content and your activity on the Site. You represent and warrant that you own or control all rights in any User Content that you post to the Site.
Do not post User Content that:
- Is illegal or promotes illegal activity, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, malicious, false, harassing, threatening, insulting, obscene, unsuitable for minors, invasive of privacy or safety or is otherwise objectionable in our sole discretion.
- Violates or infringes anyone's intellectual property rights, including copyrights, trademarks, patents and trade secrets.
- Violates or infringes anyone's privacy or publicity rights, such as posting images of someone without their permission.
- Is private information of anyone else, without their consent
- Is advertising or commercial in nature
- Involves the transmission of "junk mail", unsolicited mass mailings or "spam".
- Falsely implies that we sponsor, endorse or are otherwise affiliated with you or your User Content
User Content is Not Prescreened
We do not prescreen User Content and cannot guarantee the Site will be free from User Content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no obligation to you or any third party, and shall have no liability relating to any User Content or activities of users on the Site. Even in the event we choose to monitor any User Content, we assume no responsibility for, or any obligation to monitor or remove, such User Content.
Our Rights to Your User Content
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 we later cancel, we will issue you a refund.
Electronic Payment Vendors
Some payments may be processed through Stripe, Apple, or other electronic payment vendors. Your relationship with the electronic payment vendor is separate from your relationship with us and is governed by the terms and conditions contained in such vendor's agreement and posted on their website.
By using the Site, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
The Site may contain services and features that are available to certain mobile devices. Your carrier's normal rates and fees apply. By using our mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us.
You are responsible for your interactions with other people, whether through the Site or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other Site users, persons you meet through the Site, or persons who find you because of information posted on, by or through the Site. You agree to take reasonable precautions in all interactions with other users on the Site, whether online or offline, and conduct any necessary investigation before meeting another person.
In the event that you submit or post any creative suggestions, proposals, or ideas about our Site or other products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever.
We control and operate the Site from our offices in the United States. We do not represent that Site Content or User Content are applicable, appropriate or available for use in locations outside the United States. If you choose to access the Site from locations outside of the United States, you do so at your own initiative and risk.
Copyright Notice and Takedown
If you are a copyright owner and you believe that your work has been copied and used on the Site in a way that constitutes copyright infringement, please contact our copyright compliance officer and provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the Site; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. Contact our copyright compliance officer at: email@example.com
Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
The Site, User Content, Site Content, and the materials and products sold on or through this Site are provided "AS IS" and without warranties of any kind. You use the Site at your own sole risk. With respect to the Site, User Content, Site Content, and products sold on or through this Site, to the fullest extent permitted by law, we disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose, accuracy, title and non-infringement. Without limiting the foregoing, we do not warrant that (i) the Site or other products and services will meet your specific requirements or desired results, (ii) the Site will be uninterrupted, error-free, timely or secure, that any defects will be corrected, or that the Site is free of viruses or anything else harmful, or (iii) the results obtained from the use of the Site will be accurate or reliable. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of the materials or Site Content or User Content or items placed for display or sale in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you download or otherwise obtain Site Content and User Content at your own risk, and that you will be solely responsible for your use and any damage to your device in which you access the Site, loss of data or other harm of any kind that may result. We reserve the right to change any and all Site Content, User Content and other items used or contained in the Site at any time without notice.
Limitation of Liability
We reserve the right in our sole discretion to (i) terminate your account, (ii) delete your profile and any of your User Content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to the Site.
You understand and agree that some of your User Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Site, in our products and services, or on other platforms (e.g., Facebook), may continue to appear on the Site or on other products, services or platforms even after your User Content is removed or your account is terminated.
You agree that this Site shall be deemed a passive website solely based in Oregon, USA, which does not give rise to personal jurisdiction over us in jurisdictions other than Oregon.
Law and Venue
Limitations on Claims
Any cause of action or claim you may have with respect to the Site (including without limitation the purchase of our products) must be commenced within one (1) year after the claim or cause of action arises.