By visiting and/or using the Site, you warrant, represent and agree that: (a) you will not upload to, transmit through, or display on any of the Site any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable; (b) you will not upload to, transmit through, or display on any of the Site any material that infringes our or any third party’s intellectual property or other rights; including copyright, trademark, privacy, publicity or other personal or proprietary rights; and (c) you do have all rights, including copyrights, needed for the creation of reproductions or derivative works of any images.
We may revise these Terms from time to time by posting a revised version of the Terms, posting a notice on the Site or by sending an email. You agree that your use or continued use of the site after such notice constitutes your agreement to continue to be bound by and to accept such changes.
Subject to and conditioned upon your compliance with, and agreement to, these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use the Site, including any images, text, graphics, sounds, data, links and other materials incorporated into the Site (other than your User Content as defined below), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Site or create derivative works of any portion the Site without our written consent.
Your failure to abide by the above rules will constitute a violation of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of the Site.
In order to create a member account with any of the Site, you must be at least 13 years of age. You represent to us that you are at least 13 years old. If you are not, please do not set up an account with any of the Site. If you are between the ages of 13 – 18, you agree and confirm that you will only use the site under the supervision of a parent or legal guardian who has reviewed and agreed to be bound by these Terms.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
All shipping charges are your responsibility and such charges will be provided to you during the checkout phase of your purchase. If for some reason the shipping costs change, we will notify you of such change before proceeding with your purchase. All orders that require shipping are shipped FOB shipping point and title and risk of loss passes upon shipment.
Other sites may provide links to the Site with or without our authorization. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES.
We will have the right, at any time and in our sole discretion, to block links to the Site through technological or other means without prior notice.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding the Site should be sent to: firstname.lastname@example.org
While we are not obligated to review User Content for copyright infringement, we are committed to protecting copyrights and may take action, which in our sole discretion we deem appropriate, including removing the material at issue, denying access to and use of the Site and/or terminating the accounts of violators, pursuant to the DMCA or otherwise. In the case of termination under this paragraph, Positive Marketing shall have no obligation to provide a refund of any amounts previously paid.
You can inquire regarding such approval by sending a letter to email@example.com. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by us in order to evaluate your idea or suggestion.
If you have any questions or comments regarding these Terms, please contact: firstname.lastname@example.org.
Last Updated: May 8, 2017