of Use Agreement
Agreement was last revised on June 14, 2013.
to Owenandfred.com, the website and online service of Owen & Fred Corp.
("O&F," "we," or "us"). This page explains
the terms by which you may use our online and/or mobile services, web site, and
software provided on or in connection with Owenandfred.com (collectively the
"Service"). By accessing or using the Service, you agree that you
"Agreement"), whether or not you are a registered user of our
reserve the right to amend this Agreement at any time by notifying you as
provided in the “Notifications” section of this Agreement, provided that no
notice shall be required or given for non-substantive changes to the Agreement.
If we substantively amend this Agreement, we will give you at least seven (7)
days notice before the changes take effect, during which period of time you may
reject the changes by terminating your account. Your continued use of the
Service after any such change takes effect constitutes your acceptance of the
of Use, your only remedy shall be to not use or access (or continue to access)
the Service. This Agreement applies to all visitors, users, and others who
access the Service ("Users").
OF OUR SERVICE
may use the Service only if you can form a binding contract with O&F, and
only in compliance with this Agreement and all applicable local, state,
national, and international laws, rules and regulations. If you are under 18,
your parent or guardian must enter into this Agreement on your behalf, and will
be responsible for your use of and access to the Service; this includes
financial responsibility for any items you purchase through the Service. Any
use or access to the Service by anyone under 13 is strictly prohibited and in
violation of this Agreement. If you are under 13, please do not attempt to
register for the Service or send any information about yourself to us,
including your name, address, telephone number, or email address. If we learn
that we have collected personal information from anyone under age 13 without
verification of parental consent, we will delete that information as quickly as
possible. If you believe that we might have any information from or about
anyone under 13, please contact us at firstname.lastname@example.org. The Service is not
available to any Users previously removed from the Service by O&F. O&F
reserves all rights not expressly granted under this Agreement. Any attempt by
you to transfer any of the rights, duties or obligations hereunder, except as
expressly provided for in this Agreement, is void.
may never use another User's account without permission. You are solely
responsible for the activity that occurs on your account, and you must keep
your account password secure. You must notify O&F immediately of any breach
of security or unauthorized use of your account. O&F will not be liable for
any losses caused by any unauthorized use of your account.
providing O&F your email address, you consent to our using that email
address to send you Service-related notices, including any notices required by
law, in lieu of communication by postal mail. We may also use your email
address to send you other messages, such as changes to features of the Service
and special offers. If you do not want to receive such email messages, you may
opt out or change your preferences in your account settings by emailing us at
email@example.com. Opting out may prevent you from receiving email messages
regarding updates, improvements, or offers. Please note that if you do not want
to receive legal notices from us, including without limitation a notification
that this Agreement has changed, those legal notices will still govern your use
of the Service. We will post legal notices to the Service, and you are
responsible for reviewing such legal notices for changes. Please see our
You agree not to engage in any of the
following prohibited activities in connection with the Service: (i) copying,
distributing, or disclosing any part of the Service in any medium, including
without limitation by any automated or non-automated "scraping"; (ii)
using any automated system, including without limitation "robots,"
"spiders," "offline readers," etc., to access the Service
in a manner that sends more request messages to the O&F servers than a
human can reasonably produce in the same period of time by using a conventional
on-line web browser (except that, subject to the privacy settings of our Users,
O&F grants the operators of public search engines revocable permission to
use spiders to copy materials from Owenandfred.com for the sole purpose of and
solely to the extent necessary for creating publicly available searchable
indices of the materials, but not caches or archives of such materials); (iii)
transmitting spam, chain letters, or other unsolicited email; (iv) attempting
to interfere with, compromise the system integrity or security or decipher any
transmissions to or from the servers running the Service; (v) taking any action
that imposes, or may impose at our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (vi) uploading invalid
data, viruses, worms, or other software agents through the Service; (vii)
collecting or harvesting any personally identifiable information, including
account names, from the Service; (viii) using the Service for any commercial
purposes; (ix) impersonating another person or otherwise misrepresenting your
affiliation with a person or entity, conducting fraud, hiding or attempting to
hide your identity; (x) interfering with the proper working of the Service;
(xi) accessing any content on the Service through any technology or means other
than those provided or authorized by the Service; (xii) bypassing the measures
we may use to prevent or restrict access to the Service, including without
limitation features that prevent or restrict use or copying of any content or
enforce limitations on use of the Service or the content therein, or (xiii)
decompiling, reverse engineering, or otherwise attempting to obtain the source
code of the Service.
the audiovisual content available on the Service for any purpose or in any
manner other than Streaming (as defined below) is expressly prohibited.
“Streaming” means a contemporaneous digital transmission of an audiovisual work
via the Internet from the O&F Service to a User’s device in such a manner
that the data is intended for real-time viewing and not intended to be copied,
stored, permanently downloaded, or redistributed by the User.
may, without prior notice, change the Service, stop providing the Service or
features of the Service (to you or generally), or create usage limits for the
Service. We may permanently or temporarily terminate or suspend your access to
the Service without notice or liability to O&F, for any reason or for no
reason, including if in our sole determination you violate any provision of
this Agreement. Upon termination of this Agreement or your access to the
Service for any reason or no reason, you will continue to be bound by the terms
of this Agreement which, by their nature, should survive termination, including
without limitation ownership provisions, warranty disclaimers, indemnity, and
limitations of liability.
are solely responsible for your interactions with other O&F Users. We
reserve the right, but have no obligation, to monitor disputes between you and
other Users. O&F shall have no liability for your interactions with other
Users, or for any User's action or inaction.
areas of the Service allow Users to post content such as photos and profile
information, comments, questions, and other content or information (any such
materials a User submits, posts, displays, or otherwise makes available on the
Service are referred to as "User Content").
agree not to post User Content that: (i) may create a risk of harm, loss, physical
or mental injury, emotional distress, death, disability, disfigurement, or
physical or mental illness to you, to any other person, or to any animal; (ii)
may create a risk of any other loss or damage to any person or property; (iii)
seeks to harm or exploit children by exposing them to inappropriate content,
asking for personally identifiable details or otherwise; (iv) may constitute or
contribute to a crime or tort; (v) contains any information or content that we
deem to be unlawful, harmful, abusive, racially or ethnically offensive,
defamatory, infringing, invasive of personal privacy or publicity rights,
harassing, humiliating to other people (publicly or otherwise), libelous,
threatening, profane, obscene, pornographic, or otherwise objectionable; (vi)
contains any information or content that is illegal (including, without
limitation, the disclosure of insider information under securities law or of
another party's trade secrets); (vii) contains any information or content that
you do not have a right to make available under any law or under contractual or
fiduciary relationships; or (viii) contains any information or content that you
know is not correct and current. You agree that any User Content that you post
does not and will not violate third-party rights of any kind, including without
limitation any Intellectual Property Rights (as defined below) or rights of
privacy. To the extent that your User Content contains music, you hereby
represent that you are the owner of or possess all rights to all the copyright
rights, including without limitation the performance, mechanical, and sound
recordings rights, with respect to each and every musical composition
(including lyrics) and sound recording contained in such User Content and have
the power to grant the license granted below. O&F reserves the right, but
is not obligated, to reject and/or remove any User Content that O&F
believes, in its sole discretion, violates these provisions. You understand
that publishing your User Content on the Service is not a substitute for
registering it with the U.S. Copyright Office, the Writer's Guild of America,
or any other rights organization.
the purposes of this Agreement, "Intellectual Property Rights" means
all patent rights, copyright rights, mask work rights, moral rights, rights of
publicity, trademark, trade dress and service mark rights, goodwill, trade
secret rights and other intellectual property rights as may now exist or
hereafter come into existence, and all applications therefore and registrations,
renewals and extensions thereof, under the laws of any state, country,
territory or other jurisdiction.
connection with your User Content, you affirm, represent and warrant the
have the written consent of each and every identifiable natural person in
the User Content to use such person's name or likeness in the manner
contemplated by the Service and this Agreement, and each such person has
released you from any liability that may arise in relation to such use.
User Content and O&F's use thereof as contemplated by this Agreement
and the Service will not violate any law or infringe any rights of any
third party, including but not limited to any Intellectual Property Rights
and privacy rights.
may exercise the rights to your User Content that are granted to O&F
under this Agreement, without payment of any guild fees, residuals,
payments, fees, or royalties payable under any collective bargaining
agreement or otherwise.
your User Content and other information that you provide to us is truthful
takes no responsibility and assumes no liability for any User Content that you
or any other User or third party posts or sends over the Service. You shall be
solely responsible for your User Content and the consequences of posting or
publishing it, and you agree that we are only acting as a passive conduit for
your online distribution and publication of your User Content. You understand
and agree that you may be exposed to User Content that is inaccurate,
objectionable, inappropriate for children, or otherwise unsuited to your
purpose, and you agree that O&F shall not be liable for any damages you
incur or allege to incur as a result of User Content.
posting any User Content on the Service, you hereby expressly grant, and you
represent and warrant that you have a right to grant, to O&F a
royalty-free, sub licensable, transferable, perpetual, irrevocable,
non-exclusive, worldwide license to use, reproduce, modify, publish, list
information regarding, edit, translate, distribute, syndicate, publicly
perform, publicly display, and make derivative works of all such User Content
and your name, voice, and/or likeness as contained in your User Content, in
whole or in part, and in any form, media or technology, whether now known or
hereafter developed, for use in connection with the Service and O&F's (and
its successors' and affiliates') business, including without limitation for
promoting and redistributing part or all of the Service (and derivative works
thereof) in any media formats and through any media channels; however, O&F
will only share your personally identifiable information in accordance with our
non-exclusive license to access your User Content through the Service, and to
use, reproduce, distribute, display and perform such User Content as permitted
through the functionality of the Service and under this Agreement.
USER LICENSE GRANT
to the terms and conditions of this Agreement, you are hereby granted a
non-exclusive, limited, non-transferable, freely revocable license to use the
Service for your personal, non-commercial use, as permitted by the features of
the Service. O&F reserves all rights not expressly granted herein in the
Service and the O&F Content (as defined below). O&F may terminate this
license at any time for any reason or no reason.
for your User Content, the Service and all materials therein or transferred
thereby, including, without limitation, software, images, text, graphics,
illustrations, logos, patents, trademarks, service marks, copyrights,
photographs, audio, videos, music, and User Content (the "O&F
Content"), and all Intellectual Property Rights related thereto, are the
exclusive property of O&F and its licensors. Except as explicitly provided
herein, nothing in this Agreement shall be deemed to create a license in or
under any such Intellectual Property Rights, and you agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit or create derivative works from any
materials or content accessible on the Service. Use of the O&F Content or
materials on the Service for any purpose not expressly permitted by this
Agreement is strictly prohibited.
may choose to or we may invite you to submit comments or ideas about the
Service, including without limitation about how to improve the Service or our
products ("Ideas"). By submitting any Idea, you agree that your
disclosure is gratuitous, unsolicited and without restriction and will not
place O&F under any fiduciary or other obligation, and that we are free to
use the Idea without any additional compensation to you, and/or to disclose the
Idea on a non-confidential basis or otherwise to anyone. You further
acknowledge that, by acceptance of your submission, O&F does not waive any
rights to use similar or related ideas previously known to O&F, or
developed by its employees, or obtained from sources other than you.
may provide Owenandfred.com members referral credits when members invite their
friends to join Owenandfred.com (“Referral Credits”). Referral Credits may be
awarded to the referrer when her friends join, as well as when her friends make
their first purchases.
Credits are granted at O&F’s sole discretion. In order for a member to be
eligible to receive Referral Credits for friends joining Owenandfred.com, the
new friend must join Owenandfred.com via the referring member's unique referral
link. Referral Credits are loyalty or promotional discounts or credits offered
by O&F, and do not constitute an account, a payment instrument or other
property owned by any Owenandfred.com member. Referral Credits do not have a
cash value, and you may only use Referral Credits in connection with a
qualifying purchase on the Owenandfred.com website. Owenandfred.com reserves
the right to revoke your Referral Credits if O&F determines that you have
engaged in fraudulent referral activity (e.g. inviting fake people to join Owenandfred.com)
Referral credits expire 6 months after they are granted. Referral credits are
not transferable or sellable, are not gift cards, and cannot be used to
purchase Owenandfred.com gift cards. Owenandfred.com reserves the right at any
time without notice to you to change the terms applicable to the Referral
Credits, including expiration period and/or your ability to redeem existing
Referral Credits, Owenandfred.com does not impose any fee on your use of
e-gift cards ("E-Cards") may be used to purchase any eligible product
available for purchase in Owenandfred.com’s online catalog. In order to
purchase or redeem an E-Card, you must have a Owenandfred.com account. The
recipient of an E-Card will be notified via email; if the recipient does not
have a Owenandfred.com account at the time he or she receives such email, he or
she will be prompted to create a Owenandfred.com account to activate the
may purchase E-Cards in US dollar denominations of $25, $50, $75, $100, $150,
$200, $500, $1,000, and $2,000. The amount of the E-Card you purchase will be
charged to your credit card when you confirm your purchase of such E-Card.
the recipient of the E-Card activates the E-Card, then the value of the E-Card
will appear in the recipient's Owenandfred.com account as a credit toward
purchases on Owenandfred.com If a purchase exceeds the amount of the E-Card,
the balance must be paid by credit card or other available payment method, in
accordance with Owenandfred.com’s standard payment policies. E- Cards cannot be
used to purchase other E-Cards. Purchases made with E-Cards are not eligible to
earn Referral Credits. E-Cards do not expire.
where prohibited by applicable law, E-Card recipients may not (a) receive
refunds for E-Cards, (b) resell or otherwise transfer E-Cards to others
(including without limitation transferring E-Cards to other Owenandfred.com
Users’ accounts), (c) reload E-Cards, or (d) redeem unused E-Card balances if
they cancel their Owenandfred.com account. E- Cards are not currency, and do
not have cash value outside of Owenandfred.com. Owenandfred.com is not
responsible for any unauthorized use of an E-Card.
FREE SHIPPING OFFERS
time to time Owenandfred.com may offer free shipping promotions to its members.
Owenandfred.com Free Shipping Offers are valid on standard shipping only. Owenandfred.com
free shipping offers may not be used for international shipping nor for
shipment of "non-standard" items. Additional terms and limitations
may apply at the time of offer.
information that you provide in connection with a purchase or transaction or
other monetary transaction interaction with the Service must be accurate,
complete, and current. You agree to pay all charges incurred by users of your
credit card, debit card, or other payment method used in connection with a
purchase or transaction or other monetary transaction interaction with the
Service at the prices in effect when such charges are incurred. You will pay
any applicable taxes, if any, relating to any such purchases, transactions or
other monetary transaction interactions.
by this reference. By using the Service, you are consenting to have your
personal data collected, used, transferred to and processed in the United
cares about the integrity and security of your personal information. However,
we cannot guarantee that unauthorized third parties will never be able to
defeat our security measures or use your personal information for improper
purposes. You acknowledge that you provide your personal information at your
we respect artist and content owner rights, it is O&F's policy to respond
to alleged infringement notices that comply with the Digital Millennium
Copyright Act of 1998 ("DMCA").
you believe that your copyrighted work has been copied in a way that
constitutes copyright infringement and is accessible via the Service, please
notify O&F's copyright agent as set forth in the DMCA. For your complaint
to be valid under the DMCA, you must provide the following information in
writing to the Designated DMCA Agent listed below:
electronic or physical signature of a person authorized to act on behalf
of the copyright owner;
of the copyrighted work that you claim has been infringed;
of the material that is claimed to be infringing and where it is located
on the Service;
reasonably sufficient to permit O&F to contact you, such as your
address, telephone number, and, e-mail address;
statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its
agent, or law; and
statement, made under penalty of perjury, that the above information is
accurate, and that you are the copyright owner or are authorized to act on
behalf of the owner.
proper, bona fide infringement notification is received by the Designated DMCA
Agent listed below, it is our policy:
remove or disable access to the infringing material;
notify the content provider, member or user that we have removed or
disabled access to the material;
repeat offenders will have the infringing material removed from the system
and that we will terminate such content provider’s, member’s or user’s
access to the Service.
the content provider, member, or user believes that the material that was
removed (or to which access was disabled) is not infringing, or the content
provider, member or user believes that it has the right to post and use such
material from the copyright owner, the copyright owner’s agent, or pursuant to
the law, the content provider, member or user must send a counter-notice containing
the following information to the Designated DMCA Agent listed below:
physical or electronic signature of the content provider, member or user;
of the material that has been removed or to which access has been disabled
and the location at which the material appeared on the Service before such
removal or disabling;
statement that the content provider, member or user has a good faith
belief that the material was removed or disabled as a result of mistake or
misidentification of the material;
provider’s, member’s, or user’s name, address, telephone number, and, if
available, and, if available, email address, and a statement that such
person or entity consents to the jurisdiction of the Federal Court for the
judicial district in which the content provider’s, member’s or user’s
address is located, or, if the content provider’s, member’s or user’s
address is located outside the United States, for any judicial district in
which Company is located, and that such person or entity will accept
service of process from the person who provided notification of the
above information must be submitted to the following Designated DMCA Agent:
Michael Arnot for Owen & Fred Corp.
FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING,
YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES,
INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
note that this procedure is exclusively for notifying O&F and its
affiliates that your copyrighted material has been infringed. The preceding
requirements are intended to comply with O&F's rights and obligations under
the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It
may be advisable to contact an attorney regarding your rights and obligations
under the DMCA and other applicable laws.
Service may contain links to third-party websites, advertisers, services,
special offers, or other events or activities that are not owned or controlled
by O&F. O&F does not endorse or assume any responsibility for any such
third-party sites, information, materials, products, or services. If you access
a third party website from the Service, you do so at your own risk, and you
your use of such sites. You expressly relieve O&F from any and all
liability arising from your use of any third-party website, service, or
content. Additionally, your dealings with or participation in promotions of
advertisers found on the Service, including payment and delivery of goods, and
any other terms (such as warranties) are solely between you and such
advertisers. You agree that O&F shall not be responsible for any loss or
damage of any sort relating to your dealings with such advertisers.
agree to defend, indemnify and hold harmless O&F and its subsidiaries,
agents, licensors, managers, and other affiliated companies, and their
employees, contractors, agents, officers and directors, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees) arising from: (i) your
use of and access to the Service, including any data or content transmitted or
received by you; (ii) your violation of any term of this Agreement, including
without limitation your breach of any of the representations and warranties you
make in this Agreement; (iii) your violation of any third-party right,
including without limitation any right of privacy or Intellectual Property
Rights; (iv) your violation of any applicable law, rule or regulation; (v) any
claim or damages that arise as a result of any of your User Content or any that
is submitted via your account; or (vi) any other party's access and use of the
Service with your username, password or other appropriate security code.
SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE SERVICE (“PRODUCT”)
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF
THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, O&F, ITS SUBSIDIARIES, AND ITS LICENSORS DO
NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE
OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE O&F SERVICE
OR ANY HYPERLINKED WEBSITE OR SERVICE, AND O&F WILL NOT BE A PARTY TO OR IN
ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES.
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL O&F, ITS
AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY
TO USE, THIS SERVICE OR ANY PRODUCT. UNDER NO CIRCUMSTANCES WILL O&F BE
RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR
OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE
INFORMATION CONTAINED THEREIN.
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, O&F ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
AVAILABLE ON OR THROUGH THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE
OR ANY PRODUCT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY
ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER
CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF O&F
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
Service is controlled and operated from its facilities in the United States. O&F
makes no representations that the Service is appropriate or available for use
in other locations. Those who access or use the Service from other
jurisdictions do so at their own volition and are entirely responsible for
compliance with all applicable United States and local laws and regulations,
including but not limited to export and import regulations. You represent and
warrant you are not located in a country embargoed by the United States or that
has been designated by the United States government as a “terrorist-supporting”
country, and that you are not a foreign person or entity blocked or denied by the
United States government or otherwise listed on any United States government
list of prohibited or restricted parties. Unless otherwise explicitly stated,
all materials found on the Service are solely directed to individuals,
companies, or other entities located in the United States.
Agreement, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by O&F without
agree that the Service shall be deemed solely based in the State of New York.
This Agreement shall be governed by the internal substantive laws of the State
of New York, without respect to its conflict of laws principles. The
application of the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded. You and O&F hereby expressly consent
to the exclusive personal jurisdiction of the courts of New York County, New
dispute arising from or relating to the subject matter of this Agreement shall
be finally settled by arbitration in New York County, New York, using the
English language in accordance with the Streamlined Arbitration Rules and
Procedures of Judicial Arbitration and Mediation Services, Inc.
("JAMS") then in effect, by one commercial arbitrator with
substantial experience in resolving intellectual property and commercial
contract disputes, who shall be selected from the appropriate list of JAMS
arbitrators in accordance with the Streamlined Arbitration Rules and Procedures
of JAMS. Judgment upon the award so rendered may be entered in a court having
jurisdiction, or application may be made to such court for judicial acceptance
of any award and an order of enforcement, as the case may be. Any arbitration
under this Agreement will take place on an individual basis: class arbitrations
and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING
INTO THIS AGREEMENT, YOU AND O&F ARE EACH WAIVING THE RIGHT TO TRIAL BY
JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each
party shall have the right to institute an action at any time in a court of
proper jurisdiction for injunctive or other equitable relief. NOTIFICATION
may provide notifications, whether such notifications are required by law or
are for marketing or other business related purposes, to you via email notice,
written or hard copy notice, or through posting of such notice on our website,
as determined by O&F in our sole discretion. O&F reserves the right to
determine the form and means of providing notifications to our Users, provided
that you may opt out of certain means of notification as described in this
filtering you or your network provider may apply to email notifications we send
to the email address you provide us. We recommend that you add firstname.lastname@example.org
to your email address book to help ensure you receive email notifications from
ENTIRE AGREEMENT /
Agreement, together with any amendments and any additional agreements you may
enter into with O&F in connection with the Service, shall constitute the
entire agreement between you and O&F concerning the Service. If any
provision of this Agreement is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain in full force
waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term, and O&F's failure to assert any
right or provision under this Agreement shall not constitute a waiver of such
right or provision.
you have any questions regarding this Agreement, you can contact us at:
& Fred Corp.
II. WHAT INFORMATION DOES O&F COLLECT?
A. Information You Provide to Us:
We receive and store any information you knowingly provide to us. For example, we collect Personal Information such as your name, username, phone number, credit card and other billing information, email address, shipping address, and your friends’ email addresses (which we will only use in order to invite them to use the Service). We may also collect information you supply to us regarding your personal preferences and interests. You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to register with us or to take advantage of some or all of our features.
We may anonymize your Personal Information so that you cannot be individually identified and provide that anonymized information to our partners. For example, we allow advertisers to choose the demographic information of users who will see their advertisements and you agree that we may use any of the information we have collected from you in non-personally identifiable form to allow our advertisers to select the appropriate audience for those advertisements. We might use the fact you have purchased or inquired about a certain brand of apparel, for instance, to show you advertisements for the company that sells that brand, but we will not tell that company who you are.
B. Information Collected Automatically:
- When we collect usage information (such as the numbers and frequency of visitors to the Website), we only use such data in aggregate form, in a manner that assures your anonymity. We may provide this aggregate usage information to our partners; our partners may use such information to understand how often and in what ways people use our Website, so that our partners, too, can endeavor to provide you with an optimal online experience.
C. E-mail and Other Communications:
We may contact you, by email or other means. For example, we may send you promotional offers on behalf of other businesses, or communicate with you about your use of the Website. Also, we may receive a confirmation when you open an email from us. If you do not want to receive email or other mail from us, please indicate your preference by changing your account settings accordingly
III. WILL O&F SHARE ANY OF THE PERSONAL INFORMATION IT RECEIVES?
We neither rent nor sell your Personal Information in personally identifiable form to anyone. We share your Personal Information in personally identifiable form with third parties only as described below:
A. Affiliated Businesses and Third Party Websites We Do Not Control:
In certain situations, businesses or third party websites we’re affiliated with may sell items or provide services to you through the Website (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that we deem it related to such transaction or service
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we inform you otherwise, our agents do not have any right to use the Personal Information we share with them beyond what we deem necessary to assist us in performing such tasks.
C. User Profiles and Content:
Certain user profile information, including without limitation a user’s username and the image content that such user has uploaded to the website may be displayed to other users to facilitate user interaction within the Website or address your request for our services. Any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your username may also be displayed to other users if and when you post comments or upload images through the Website and other users can contact you through such comments.
D. Business Transfers:
We may choose to buy or sell assets. In these types of transactions, customer information (which may include your Personal Information) is typically one of the business assets that is transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business or enter bankruptcy, Personal Information would be one of the assets transferred to or acquired by a third party.
E. Protection of O&F and Others:
We may release Personal Information when we believe in good faith that release is necessary to comply with laws; enforce or apply our conditions of use and/or other agreements; or protect the rights, property, or safety of O&F, our employees, our users, or others. We may exchange information with other companies and organizations (including governmental authorities) for fraud protection and credit risk reduction.
F. With Your Consent:
IV. IS PERSONAL INFORMATION ABOUT ME SECURE?
Your account is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device by signing off after you have finished accessing your account.
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.
V. WHAT PERSONAL INFORMATION CAN I ACCESS?
Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
- Name, desired username, and password
- email address
- shipping and billing information
- user profile information and User Content, including images you have uploaded to the site
The information you can view and update may change as the Website changes. If you have any questions about viewing or updating information we have on file about you, please contact us at email@example.com
VI. WHAT CHOICES DO I HAVE?
- You can always elect not to disclose information to us. However, please keep in mind that we may need some information to allow you register with us or to take advantage of some or all of our features, and if you choose not to provide that information, your ability to use our Website and services may be limited.
- You may be able to add, update, or delete information as explained in Section V above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by visiting your account settings. Please note that some information may remain in our private records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information even if you update or delete it, but we will not use that information in a manner that would identify you personally.
VIII. QUESTIONS OR CONCERNS
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to firstname.lastname@example.org. We will make every effort to resolve your concerns.
Effective Date: January 1, 2012