TERMS AND CONDITIONS
TERMS AGREEMENT
These Terms of Use are a legally binding agreement between you, whether personally or on behalf of an entity ("you") and Imaze Shop USA ("we," "us," or "our") concerning your access to and use of the https://shop.imaze.us website and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). ("Terms of Service These Terms of Service form a legally binding contract...") ("Terms of Service These Terms of Service form a legally binding contract...") By accessing the Site, you acknowledge that you have read, understood, and agree 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.
"Any additional terms and conditions or documents posted on the Site from time to time are expressly incorporated herein by reference."
We reserve the right to make changes or modifications to these Terms of Service at any time and for any reason." ("Terms and Conditions of IMAZE SHOPs, LLC") ("Terms of Use - Advocacy and Communication") "We will notify you of any changes by updating the "Last updated" date of these Terms of Service, and you waive any right to specific notice of each such change." It is your responsibility to review these Terms of Service on a regular basis to stay up to date on any changes. By continuing to use the Site after the date such revised Terms of Use are posted, you will be subject to, and deemed to have been made aware of and accepted, the changes in any revised Terms of Use.
"The information on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or where such distribution or use would subject us to any registration requirement within such jurisdiction or country."
As a result, those who choose to access the Site from other locations do so at their own risk and are solely responsible for complying with local laws, if and to the extent that local laws apply.
"Option 1: The Site is intended for users over the age of 18. Persons under the age of 18 may not use or register for the Site.
Option 2: [The Site is intended for users over the age of 13.] To use the Site, all users who are minors in their jurisdiction (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian. If you are under the age of 18, you must have your parent or guardian read and agree to these Terms of Use before using the Site.
RIGHTS TO INTELLECTUAL PROPERTY
Unless otherwise specified, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (collectively, the "Marks"), are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws. The Site's Content and Marks are provided "AS IS" for your information and personal use only. ("TERMS AND CONDITIONS TABLE OF CONTENTS Last updated January 30, 2023") Except as expressly provided in these Terms of Use, no part of the Site, including any Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose.
You are granted a limited license to access and use the Site, as well as to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights in and to the Site, the Content, and the Marks that are not expressly granted to you. ("ITS America Terms and Conditions")
REPRESENTATIONS OF USERS
By accessing and using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;"
(2) you will keep such information accurate and will promptly update such registration information as needed;
(3) you have the legal capacity and agree to comply with these Terms of Use;
(4) you are not under the age of 13]; (5) you are not a minor in your jurisdiction of residence[, or if a minor, you have parental permission to use the Site];
(6) You will not use an automated or non-human means to access the Site, whether through a bot, script, or otherwise;
(7) You will not use the Site for any illegal or unauthorized purpose; and
(8) You will not violate any applicable law or regulation by using the Site.
(2) you will keep such information accurate and will promptly update such registration information as needed;
(3) you have the legal capacity and agree to comply with these Terms of Use;
(4) you are not under the age of 13]; (5) you are not a minor in your jurisdiction of residence[, or if a minor, you have parental permission to use the Site];
(6) You will not use an automated or non-human means to access the Site, whether through a bot, script, or otherwise;
(7) You will not use the Site for any illegal or unauthorized purpose; and
(8) You will not violate any applicable law or regulation by using the Site.
"If you provide any information that is false, inaccurate, out of date, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof" ("Conditions and Terms")
REGISTRATION OF USERS
You may be required to register with the Site. "You agree to keep your password confidential and accept responsibility for all activities that occur under your account and password." ("239 Sample User Registration Clauses | Law Insider") We reserve the right to remove, reclaim, or change a username you choose if we believe it is inappropriate, obscene, or otherwise objectionable in our sole discretion.
PRODUCTS
[We make every effort to display the colors, features, specifications, and details of the products available on the Site as accurately as possible. We do not, however, guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or error-free, and your electronic display may not accurately reflect the actual colors and details of the products.] ("Good Terms and Conditions - Good One")
"We reserve the right to discontinue any products at any time for any reason." "All products are subject to change.
BUYING AND PAYING
We accept the following payment methods: Stripe, PayPal, Visa, Mastercard, and bank transfers."
For all purchases made through the Site, you agree to provide current, complete, and accurate purchase and account information. You also agree to keep your account and payment information up to date, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We will add sales tax to the price of purchases as we deem necessary. Prices are subject to change at any time. All payments must be made in US dollars.
You agree to pay all charges for your purchases and any applicable shipping fees at the then-current prices, and you authorize us to charge your chosen payment provider for any such amounts when you place your order. ("Terms and Conditions of Payment")
[If your order is subject to recurring charges, you agree to us charging your payment method on a recurring basis without your prior approval for each recurring charge until you cancel the applicable order.] "We reserve the right to correct any errors or pricing mistakes, even if payment has already been requested or received." ("Prohibited Cheats")
Any order placed through the Site may be refused by us. We reserve the right, at our sole discretion, to limit or cancel the number of items purchased per person, household, or order. Orders placed by or under the same customer account, the same payment method, and/or orders using the same billing or shipping address may be subject to these restrictions. ("Terms and Conditions | Online Store | Imaze US") "We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors in our sole discretion." ("Quality Pharmacists")
POLICY ON RETURNS/REFUNDS
[All sales are final; no refunds will be given.
Refund Procedure Please read our Return Policy before making any purchases on the Site.
ILLEGAL ACTIVITIES
You may not access or use the Site for any purpose other than the one for which we provide it. The Site may not be used in connection with any commercial endeavor unless expressly endorsed or approved by us.
"As a Site user, you agree not to:
1. systematically retrieve data or other content from the Site in order to create or compile a collection, compilation, database, or directory without our written permission.
2. make any unauthorized use of the Site, including collecting user usernames and/or email addresses for the purpose of sending unsolicited email, or creating user accounts through automated means or under false pretenses.
3. Make purchases on the Site through a buying agent or buying agent.
4. Advertise or offer to sell goods and services on the Site.
5. circumvent, disable, or otherwise interfere with the Site's security features, such as those that prevent or restrict the use or copying of any Content or impose limitations on the use of the Site and/or the Content contained therein.
6. use unauthorized framing or linking to the Site.
7. deceive, defraud, or mislead us or other users, particularly in any attempt to obtain sensitive account information such as user passwords; 8. make inappropriate use of our support services or submit false reports of abuse or misconduct.
9. use any automated system features, such as scripts to send comments or messages, or data mining, robots, or similar data gathering and extraction tools.
10. interfere with, disrupt, or impose an undue burden on the Site or the networks or services to which it is linked.
11. Attempt to impersonate another user or person, or use another user's username.
12. Sell or transfer your profile in some other way.
13. Use any information obtained from the Site to harass, abuse, or harm someone else.
14. use the Site to compete with us, or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. decipher, decompile, disassemble, or reverse engineer any software comprising or forming part of the Site.
16. Attempt to circumvent any Site security measures designed to prevent or restrict access to the Site or any part of the Site.
17. harass, annoy, intimidate, or threaten any of our employees or agents who are involved in providing you with any portion of the Site.
18. Remove any copyright or other proprietary rights notices from the Content.
19. copy or modify any software on the Site, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive capitalization and spamming (repeated posting of text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
21. upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, such as clear graphics interchange formats ("gifs"), 11 pixels, web bugs, cookies, or other similar devices (also known as "spyware," "passive collection mechanisms," or "picks").
22. Except as a result of normal search engine or Internet browser usage, use, launch, develop, or distribute any automated system that accesses the Site, including without limitation any spider, robot, cheat utility, scraper, or offline reader, or using or launching any unauthorized script or other software.
23. disparage, tarnish, or otherwise harm us and/or the Site in our opinion." ("Terms and Conditions of Use Gravity Payments")
24. use the Site in a way that violates any applicable laws or regulations.
CONTRIBUTIONS GENERATED BY USERS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, as well as to create, submit, post, display, transmit, perform, publish, distribute, or broadcast 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 material (collectively, "Contributions").
Contributions may be viewed by other Site users and via third-party websites. As a result, any Contributions you send may be considered non-confidential and non-proprietary. When you create or make available any Contributions, you stand for and warrant the following:
1. The creation, distribution, transmission, public display, or performance of your Contributions, as well as their access, downloading, or copying, do not and will not infringe any third party's proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
2. you are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Site, and other Site users to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. you have obtained the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use their name or likeness to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your contributions are not deceptive, false, or inaccurate.
5. Your Contributions do not include any unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable in any way (as determined by us).
7. Your contributions should not be used to mock, disparage, intimidate, or abuse anyone.
8. Your contributions do not advocate for the violent overthrow of any government, nor do they incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, rule, or regulation.
10. Your Contributions do not infringe on any third party's privacy or publicity rights.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or sexually or violently exploits people under the age of 18.
12. your Contributions do not violate any federal or state law prohibiting child pornography or are otherwise intended to protect the health or well-being of minors; 13. your Contributions do not include any offensive comments based on race, national origin, gender, sexual orientation, or physical handicap.
14. Your Contributions do not otherwise violate, or link to, any provision of these Terms of Use or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in the termination or suspension of your rights to use the Site, among other things.
LICENSE DE CONTRIBUTION
By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts], you automatically grant, and represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, reproduce, publish, reproduce, publish
The use and distribution may take place in any media format and via any media channel.
This license includes our use of your name, company name, and franchise name, as applicable, as well as any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and request that no moral rights be asserted in your Contributions.
We make no claim to ownership of your Contributions. You retain full ownership of all of your Contributions, as well as any intellectual property rights or other proprietary rights associated with them." We are not responsible for any statements or representations made in your Contributions in any area of the Site.
"You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We reserve the right to (1) edit, redact, or otherwise change any Contributions in our sole and absolute discretion; (2) re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) pre-screen or delete any Contributions at any time and for any reason, without notice. We are under no obligation to keep track of your Contributions.
REVIEWING GUIDELINES
We may provide you with areas on the Site where you can leave reviews or ratings. "
When posting a review, you must meet the following requirements:
(1) You should have firsthand knowledge of the person or entity being evaluated.
(2) Your reviews must not include offensive profanity, as well as abusive, racist, offensive, or hateful language.
(3) Your reviews must not include any references to religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
(4) No references to illegal activity should be included in your reviews.
(5) If you post negative reviews, you should not be associated with competitors.
(6) You should not draw any conclusions about the legality of behavior.
(7) You are not permitted to post any false or misleading statements.
(8) You may not organize a campaign encouraging others to leave positive or negative reviews.
In our sole discretion, we may accept, reject, or remove reviews. We are under no obligation to screen or remove reviews, even if anyone finds them objectionable or inaccurate. ("Quality Pharmacists") "Reviews are not endorsed by us and do not necessarily represent our opinions or the opinions of any of our affiliates or partners.
We accept no responsibility for any review or any claims, liabilities, or losses that may arise as a result of any review."
By submitting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all review-related content.
LICENSE FOR MOBILE APPLICATION
LICENSE TO USE We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.
You must not:
(1) decompile, reverse engineer, disassemble, attempt to deduce the application's source code, or decrypt the application.
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
(3) in connection with your access or use of the application, you violate any applicable laws, rules, or regulations;
(4) remove, alter, or obscure any proprietary notice (including any copyright or trademark notice) posted by us or the application's licensors;
(5) use the application for any revenue-generating endeavor, commercial enterprise, or other purpose that it was not designed or intended for;
(6) Make the application available over a network or other environment that allows multiple devices or users to access or use it at the same time;
(7) use the application to develop a product, service, or software that is either directly or indirectly competitive with or a substitute for the application;
(8) send automated queries to any website or send any unsolicited commercial e-mail;
(9) use any proprietary information, interfaces, or other intellectual property of ours in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
DEVICES FROM APPLE AND ANDROID
When you use a mobile application obtained from the Apple Store or Google Play (each a "App Distributor") to access the Site, the following terms apply:
(1) The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device running the Apple iOS or Android operating systems, as applicable, in accordance with the usage rules outlined in the applicable App Distributor's terms of service;
(2) We are responsible for providing any maintenance and support services related to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required by applicable law, and you acknowledge that each App Distributor has no obligation to provide any maintenance and support services related to the mobile application.
(3) If the mobile application fails to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor may, in accordance with its terms and policies, refund the purchase price, if any, paid for the mobile application, and the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application, to the maximum extent permitted by applicable law.
(4) You represent and warrant that I you are not located in a country subject to a US government embargo or that has been designated as a "terrorist supporting" country by the US government, and (ii) you are not on any US government list of prohibited or restricted parties.
(5) When using the mobile application, you must comply with any applicable third-party terms of agreement, for example, if you have a VoIP application, you must not violate their wireless data service agreement.
(6) You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile app license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile app license contained in these Terms of Use against you as a third-party beneficiary.
MEDIA ON THE INTERNET
You may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") as part of the functionality of the Site by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are authorized to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breaching any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or subjecting us to any usage limitations imposed by the Third-Party Account's third-party service provider.
By granting us access to any Third-Party Accounts, you acknowledge and agree that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Site via your account, including without limitation any friend lists, and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified wh
Personal identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site, depending on the Third-Party Accounts you choose and the privacy settings that you have set in such Third-Party Accounts. Please keep in mind that if a Third-Party Account or associated service becomes unavailable, or if our access to such Third-Party Account is terminated by the third-party service provider, Social Network Content may become unavailable on and through the Site.
You will be able to disconnect the connection between your Site account and your Third-Party Accounts at any time. "PLEASE BE ADVISED THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS ONLY GOVERNED BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
"We make no effort to review any Social Network Content for any purpose, including, but not limited to, accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content," the company says. ("Terms of Service for IMAZE SHOP") You acknowledge and agree that we may access your email address book linked to a Third-Party Account, as well as your contacts list stored on your mobile device or tablet computer, solely for the purpose of identifying and informing you of contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by contacting us using the information provided below or by changing the settings in your account (if applicable). Except for the username and profile picture that become associated with your account, we will make every effort to delete any information stored on our servers that was obtained through such Third-Party Account.
SUBMISSIONS
"You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site that you provide to us ("Submissions") are non-confidential and will become our sole property." ("TERMS AND CONDITIONS OF USE - rcqdesign.com") We will own all intellectual property rights and have unrestricted use and dissemination rights to these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights in any such Submissions and warrant that any such Submissions are your original work or that you have the right to submit such Submissions. You agree that you will have no recourse against us in the event of any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. ("Terms and Conditions | Atlas Carts")
WEBSITES AND CONTENT PROVIDED BY THIRD PARTIES
"The Site may contain (or you may be directed to) links to other websites ("Third-Party Websites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other third-party content or items." " ("Third-Party Content").
We do not investigate, monitor, or check the accuracy, appropriateness, or completeness of such Third-Party Websites or Third-Party Content, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the T
The inclusion, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply our approval or endorsement. ("Terms of Service for IMAZE SHOP") If you leave the Site and access Third-Party Websites or use or install Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer apply.
You should read the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site, as well as the terms and policies relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be made through other websites and companies, and we accept no responsibility for such purchases, which are solely between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and that you will hold us harmless if you purchase such products or services. Furthermore, you agree to indemnify us for any losses or harm suffered as a result of any Third-Party Content or contact with Third-Party Websites.
ADVERTISERS
"We allow advertisers to place advertisements and other information on the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you are fully responsible for any advertisements you place on the Site, as well as any services or products sold through those advertisements.
Furthermore, as an advertiser, you warrant and represent that you have all necessary rights and authority to place advertisements on the Site, including but not limited to intellectual property, publicity, and contractual rights.
[As an advertiser, you agree that such advertisements are subject to the provisions of our Digital Millennium Copyright Act ("DMCA") Notice and Policy as described below, and you understand and agree that there will be no refund or other compensation for DMCA takedown-related issues.] We merely provide the space for such advertisements to be placed, and we have no other relationship with advertisers.
MANAGEMENT OF THE WEBSITE
We reserve the right to, but do not have the obligation to:
(1) Examine the Site for violations of these Terms of Service.
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including, but not limited to, reporting such user to law enforcement authorities; ("Play Verto Website"
(3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof in our sole discretion and without limitation;
(4) to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems in our sole discretion and without limitation, notice, or liability;
(5) otherwise manage the Site in a way that protects our rights and property while also allowing the Site to function properly.
POLICY ON PRIVACY
We are concerned about data privacy and security. Please review our Privacy Policy, which is available on the Site at https://shop.imaze.us/privacy-policy. You agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use, by using the Site. "Please keep in mind that the Site is hosted in the United States." ("Would you please advise or be advised? -")
If you access the Site from the European Union, Asia, or any other region of the world where the laws or other requirements governing personal data collection, use, or disclosure differ from those in the United States, you are transferring your data to the United States through your continued use of the Site, and you expressly consent to having your data transferred to and processed in the United States.
Furthermore, we never knowingly accept, request, or solicit information from children or market to them. As a result, in accordance with the United States Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the required and verifiable parental consent, we will delete that information from the Site as soon as reasonably possible.]
ACT ON DIGITAL MILLENNIUM COPYRIGHTS (DMCA) POLICY AND NOTICE
NOTIFICATIONS
We respect other people's intellectual property rights. If you believe that any material available on or through the Site violates any copyright you own or control, please notify our Designated Copyright Agent as soon as possible using the contact information provided below (a "Notification"). ("LRElephant.co.uk Privacy Policy")
"A copy of your Notification will be sent to the individual who posted or saved the material addressed in the Notification." ("IMAZSHOP TERMS & CONDITIONS") Please be aware that if you make material misrepresentations in a Notification, you may be held liable for damages under federal law. "As a result, if you are unsure whether material on or linked to by the Site infringes your copyright, you should consult an attorney first." ("Quality Pharmacists")
All Notifications must comply with the DMCA's 17 U.S.C. 512(c)(3) requirements and include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an allegedly infringed exclusive right;
(2) identification of the copyrighted work claimed to have been infringed, or, if the Notification covers multiple copyrighted works on the Site, a representative list of such works on the Site; ("Copyright Compliance").
(3) identification of the material claimed to be infringing or the subject of infringing activity and that must be removed or access to which must be restricted, as well as information reasonably sufficient to allow us to locate the material;
(4) contact information for the complaining party, such as an address, phone number, and, if available, an email address;
(5) a statement that the complaining party believes, in good faith, that the use of the material in the manner complained of is not permitted by the copyright owner, its agent, or the law;
(6) a statement under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
NOTIFICATION OF COUNTER
you believe your own copyrighted material was removed from the Site due to an error or misidentification, you may send a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a "Counter Notification").
"Your Counter Notification must include substantially the following in order to be effective under the DMCA:"
(1) identification of the material that has been removed or disabled, as well as the location where the material appeared prior to removal or disablement; ("Incorporated Terms - Infringing Materials Protocol - BigCommerce").
(2) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, any judicial district in which we are located;
(3) a statement that you will accept process from the party who filed the Notification or the party's agent;
(4) Provide your name, address, and phone number.
(5) a statement under penalty of perjury that you believe the material in question was removed or disabled due to a mistake or misidentification of the material to be removed or disabled;
(6) Your signature, either physical or electronic.
We will restore your removed or disabled material if you send us a valid, written Counter Notification that meets the requirements described above, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. ("Terms of Service for IMAZE SHOP")
Please keep in mind that if you falsely claim that the disabled or removed content was removed by mistake or misidentification, you may be held liable for damages, including costs and attorney's fees. Filing a false Counter Notification is a form of perjury.
Nasir Khan has been designated as a copyright agent. Imaze Shop LLC 11625 W Atlantic Blvd. Suite 2105 Coral Spring FL 33071 Attn: Copyright Agent nasir@imaze.net
INFRINGEMENTS ON COPYRIGHT
We respect other people's intellectual property rights. If you believe that any material on or through the Site violates any copyright you own or control, please notify us immediately using the contact information provided below (a "Notification"). A copy of your Notification will be emailed to the person who posted or saved the material mentioned in the Notification. ("Privacy Statement")
Please be aware that if you make material misrepresentations in a Notification, you may be held liable for damages under federal law. "Thus, if you are unsure whether material on or linked to by the Site infringes your copyright, you should consult an attorney first." "TERMS AND CONDITIONS."
THE TERM AND THE TERMINATION
While you use the Site, these Terms of Service will remain in full force and effect. 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 TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. (“rbxsite.com”) IN OUR SOLE DISCRETION, WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME WITHOUT WARNING. ("Terms and Conditions")
"If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account in your name, a fictitious or borrowed name, or the name of any third party, even if you are acting on their behalf." ("Terms and Conditions")
We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress, in addition to terminating or suspending your account.
CHANGES AND INTERRUPTIONS
"We reserve the right, at our sole discretion, to change, modify, or remove the contents of the Site at any time or for any reason. We are, however, under no obligation to update any of the information on our Site. We also reserve the right, at any time, to change or discontinue all or part of the Site without notice.
"We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee that the Site will always be available. We may encounter hardware, software, or other issues, or we may need to perform Site maintenance, which may result in interruptions, delays, or errors. We reserve the right, at any time and for any reason, to change, revise, update, suspend, drop, or otherwise change the Site.
"You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service obligates us to maintain and support the Site, or to provide any corrections, updates, or releases in connection with it. ("Conditions and terms")
RULE OF LAW
These Terms of Service and your use of the Site are governed and construed in accordance with the laws of the State of Florida applicable to agreements made and to be performed entirely within the State/Commonwealth of Florida, without regard to its conflict of law principles.
RESOLUTION OF DISPUTES
Option 1: Any legal action of any kind brought by you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in [Manatee] County, [Florida], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
"The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Convention on Contracts for the International Sale of Goods) and the Uniform Computer Information Transaction Act (UCITA) is expressly prohibited by these Terms of Use." ("Terms and Conditions - Retroactive Only") In no event shall either Party commence any claim, action, or proceeding relating to the Site more than ___5__ years after the cause of action arose.
INFORMAL NEGOTIATIONS ARE OPTION 2 To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Informal negotiations begin when one party gives the other party written notice.
INDEPENDENT ARBITRATION
"If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be resolved finally and exclusively through binding arbitration." ("Imaze LLc Terms and Conditions") YOU ACKNOWLEDGE THAT WITHOUT THIS PROVISION, YOU WOULD BE ABLE TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be initiated and conducted in accordance with the American Arbitration Association's ("AAA") Commercial Arbitration Rules and, where applicable, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org.
Your arbitration fees and share of arbitrator compensation will be governed and, where appropriate, limited by the AAA Consumer Rules. [If the arbitrator determines that such costs are excessive, we will pay all arbitration fees and expenses.
Arbitration can take place in person, through the submission of documents, over the phone, or online. The arbitrator will issue a written decision but will not be required to provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award can be challenged if he or she does not.
The arbitration will take place in [Manatee] County, [Florida], unless otherwise required by the applicable AAA rules or applicable law. Unless otherwise specified, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator's award.
If a Dispute is resolved in court rather than through arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
These Terms of Use expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA).
In no event shall any Dispute brought by either Party concerning the Site be initiated more than two years after the cause of action arose. If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute that falls within the portion of this provision that is found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
OPTION 3: INDEPENDENT ARBITRATION Any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties") shall be finally and exclusively resolved by binding arbitration.
YOU ACKNOWLEDGE THAT WITHOUT THIS PROVISION, YOU WOULD BE ABLE TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be initiated and conducted in accordance with the American Arbitration Association's ("AAA") Commercial Arbitration Rules and, where applicable, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. ("5k Binding Arbitration Sample Clauses | Law Insider")
Your arbitration fees and share of arbitrator compensation will be governed and, where appropriate, limited by the AAA Consumer Rules. [If the arbitrator determines that such costs are excessive, we will pay all arbitration fees and expenses.
Arbitration can take place in person, through the submission of documents, over the phone, or online. The arbitrator will issue a written decision but will not be required to provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award that fails to do so may be challenged.
The arbitration will take place in [name of county] County, [name of state], unless otherwise required by the applicable AAA rules or applicable law. Unless otherwise specified, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator's award.
If a Dispute is resolved in court rather than through arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to and waive all defenses of lack of, personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
"Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party concerning the Site or Services be brought more than two years after the cause of action arose. If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute that falls within the portion of this provision that is found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
OPTION 2 AND 3: RESTRICTIONS "The Parties agree that any arbitration shall be limited to the Parties' individual Dispute." ("Electronic Transactions, Communications, and Signatures -") To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) no Dispute shall be arbitrated on a class-action basis or through the use of class action procedures; and (c) no Dispute shall be brought in a purported representative capacity on behalf of the general public or any other persons.
EXCEPTIONS TO [INFORMAL NEGOTIATIONS AND] ARBITRATION OPTION 2/OPTION 3: The Parties agree that the following Disputes are not subject to the provisions regarding [informal negotiations and] binding arbitration set forth above: (a) any Disputes involving the enforcement or protection of, or the validity of, any of a Party's intellectual property rights; (b) any Dispute involving, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute that falls within the portion of this provision that is found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
The Site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. ("License Agreement and Terms and Conditions") "We reserve the right, without prior notice, to correct any errors, inaccuracies, or omissions and to change or update the information on the Site." ("Terms and Conditions -")
DISCLAIMER
THE WEBSITE IS PROVIDED AS-IS AND AS-AVAILABLE. YOU AGREE THAT USE OF THE SITE SERVICES IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT." WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING 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 WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY 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 OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ("Service Terms —") "AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREVER APPROPRIATE.
LIABILITY LIMITATIONS
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 ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ("General Terms and Conditions") [NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL BE LIMITED AT ALL TIMES.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use.
Regardless of the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate with our defense of such claims at your expense. When we become aware of any such claim, action, or proceeding that is subject to this indemnification, we will make reasonable efforts to notify you.
USER INFORMATION
"We will keep certain data that you transmit to the Site in order to manage the Site's performance, as well as data relating to your use of the Site." ("Terms and Conditions - DTE - Metals Intelligence") "Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken while using the Site. Service terms
"You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC TRANSACTIONS, COMMUNICATIONS, AND SIGNATURES
Electronic communications include visiting the Site, sending us emails, and completing online forms. You agree to receive electronic communications and agree that all agreements, notices, disclosures, and other communications provided 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, AS WELL AS TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or obligations under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, delivery, or retention of non-electronic records, or payments or credit granting by any means other than electronic means.
CALIFORNIA RESIDENTS AND USERS
If your complaint with us is not resolved satisfactorily, you may write to the Complaint Assistance Unit of the Division of Consumer Services of the Florida Department of Consumer Affairs.
MISCELLANEOUS
These Terms of Use, together with any policies or operating rules posted by us on or in relation to the Site, constitute the entire agreement and understanding between you and us. ("Terms and Conditions - Praxis Labs") "Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Service apply to the fullest extent permitted by law. "We shall 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 found to be unlawful, void, or unenforceable, that provision or part of a provision is deemed severable from these Terms of Use and has no bearing on the validity and enforceability of any remaining provisions. As a result of these Terms of Use or your use of the Site, no joint venture, partnership, employment, or agency relationship exists between you and us.
You agree that these Terms of Service will not be used against us in any way. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the parties' failure to sign these Terms of Use.
GET IN TOUCH WITH US
If you have a complaint about the Site or would like more information about how to use it, please contact us at:
Nasir Khan 11625 W Atlantic Blvd, Suite 2105 Coral Spring, FL 33071 Imaze Shop LLC nasir@imaze.us