Terms & Conditions
Terms and Conditions
I. USE OF Website
We may ask you to provide contact information or other details to access some areas of the Website. You may not provide false information as to your identity, contact information, or payment information as it is a violation of our Website terms and conditions. Should 21st Century Brands believe the information provided by you is not correct, current, or complete, 21st Century Brands reserves the right to refuse Website access to you at any time.
2. INTELLECTUAL PROPERTY
3. DISCLAIMER OF WARRANTY
You expressly agree that use of the Website is at Your sole risk. Neither 21st Century Brands nor its affiliates, any of their officers, directors, employees, agents, third-party content providers, sponsors, or licensors (collectively, "Providers"), or the like, warrant that this Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website or as to the accuracy, completeness, reliability, or security of the Materials. This Website and the information, content, and materials on this Website are provided on an "as is," "where is," and "where available" basis. 21st Century Brands makes no representations or warranties of any kind, express or implied, as to the operation of the Website, or to the content, information, or the materials on this Website. 21st Century Brands expressly disclaims all warranties of any kind, express or implied, to the fullest extent permissible under applicable law, with respect to any of the materials, content, or information on this Website or your use of this Website generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. You, and on behalf of Your agents, attorneys, employees, predecessors-in-interest, successors-in-interest, partners, associates, members, officers, directors, affiliates, subsidiaries, associations, shareholders, trusts, trustees, heirs, executors, assigns, and transferees, hereby fully release, discharge, waive, and absolutely forgive 21st Century Brands, and each of its respective agents, attorneys, employees, predecessors-in- interest, successors-in-interest, partners, associates, members, officers, directors, affiliates, subsidiaries, associations, shareholders, trusts, trustees, heirs, executors, assigns, and transferees, from any and all lawsuits, demands, controversies, disputes, actions, causes of action, rights to accountings, fees, invoices, billings, proceedings, obligations, debts, liabilities, costs, disbursements, expenses, attorneys' fees, damages and other claims of whatever character, nature and kind, in law or in equity, past, present or future, know nor unknown, joint or several, suspected or unsuspected, arising from or relating to Your use of the Website and/or any works obtained therefrom (collectively, "Claims"). You covenant not to sue with respect to any Claim subject to the foregoing release, discharge or waiver.
4. PROHIBITED USE OF THE Website
You may use this Website only for the purposes permitted by this Agreement. As a condition of your use of 21st Century Brands' Website, you warrant to 21st Century Brands you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. By using the Website, you agree that you may not (and may not authorize any party to) (i) co-brand this Website, (ii) frame this Website, or (iii) hyper-link to this Website without prior written permission of an authorized representative of 21st Century Brands. For purposes of clarifying this Agreement, "co-branding" includes displaying a name, logo, or trademark, in such a manner as is reasonably likely to give a user the impression that such party has the right to display, publish, or distribute this Website or content accessible within this Website. You agree to give full cooperation with 21st Century Brands in preventing any unauthorized co-branding, framing or hyper-linking. In addition, you are not authorized to use 21st Century Brands' Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website or web server resources. To attempt to obtain or obtain any materials, content, or information from the Website by any means not expressly provided to you or provided through the Website. You may not use scripts, programs, or automated processes to access information on the Website without intentional consent from an authorized 21st Century Brands representative.
5. LIMITATION OF LIABILITIES
21st Century Brands, its subsidiaries, affiliates, licensors, service providers, attorneys, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss data, use, revenue or income, pain and suffering, emotional distress, or similar damages, even if 21st Century Brands has been advised of the possibility of such damages.
The foregoing limitation applies to claims based on warranty, contract, tort (including negligence), liability, or any other legal theory. Some jurisdictions do not allow limiting liability for certain damages. In such jurisdictions, 21st Century Brands' liability shall be limited to the extent permitted by law. In no event will the collective liability of 21st Century Brands and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount You have paid to 21st Century Brands for the applicable content or service out of which liability arose.
6. HYPERLINKED WEBSITES
This Website may provide hyperlinks to other Websites that allow you to leave this Website to access third-party material. 21st Century Brands is not related to, nor does it have discretion to alter, update, or control the content on a Linked Website. 21st Century Brands has not reviewed hyperlinked Websites and is not responsible for the content of those Websites. The fact that 21st Century Brands provides a link to a Website is not an endorsement, authorization, sponsorship, or affiliation with respect to such Website, its owners, or its providers. Hyperlinked Websites are to be accessed at the user's own risk, and 21st Century Brands makes no representations or warranties about the content, completeness or accuracy of these hyperlinked Websites. You should be aware that hyperlinked Websites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this Website. 21st Century Brands is not responsible for such provisions and expressly disclaims any and all liability related to such provisions.
You understand that 21st Century Brands cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. 21st Century Brands does not assume any responsibility or risk for Your use of the Internet.
Each time You use this Website you confirm Your acceptance of and agreement to be bound by this Agreement. You shall, and hereby do, indemnify, defend, and hold harmless 21st Century Brands, its affiliates, agents, employees, sponsors, and licensors from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to Your user-submitted content, use of the Website, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right. This includes, but is not limited to, defense and indemnification of 21st Century Brands for any unlawful or unpermitted uploading of any information by a user. This indemnification shall survive any termination or suspension of Your use of this Website.
8. CONTENT SUBMISSIONS
All user-submitted content you submit, whether publicly posted or privately transmitted, is your sole responsibility. This means that You, and not 21st Century Brands, are entirely responsible for all content that You upload, post, e-mail, or otherwise transmit via this Website. You shall not transmit content or otherwise conduct or participate in activities on the Website that are prohibited by law in applicable jurisdictions. You hereby grant to 21st Century Brands a royalty-free, perpetual, irrevocable, non-exclusive right and license (with the right to sublicense through multiple tiers) to use, reproduce, copy, modify, publish, adapt, host, cache, index, archive, create derivate works from, translate, perform, display, and distribute all Your user-submitted content, in whole or in part, worldwide and to incorporate it in other works in any form, media or technology now known or herein after developed without accounting, notification, credit, or other obligation to you. 21st Century Brands does not control user content. 21st Century Brands has the right but not the obligation to monitor Your submissions and reserves the right to modify, move, or remove any content at any time and for any reason in its sole discretion. You grant 21st Century Brands the right to use any material, information, ideas, concepts, know-how, or techniques contained in any content You provide or otherwise submit to 21st Century Brands for any purpose whatsoever, including but not limited to, educational purposes and developing and marketing commercial products (as 21st Century Brands deems fit in its sole discretion) using such information. You will not be entitled to any compensation for any of the rights You grant to 21st Century Brands for Your submitted content. You authorize 21st Century Brands to use Your name, likeness, and any other information in connection with use of the user content You provide. You agree that 21st Century Brands may use or disclose information about You or Your use of this Website, including Your submitted content, to comply with laws and requests by governmental or regulatory agencies, to protect or defend 21st Century Brands' rights or property, or to protect the safety of 21st Century Brands, 21st Century Brands' employees, agents, sponsors, membership, or the public.
9. ENTIRE AGREEMENT, SEVERABILITY, AND WAIVER
This Agreement constitutes the entire agreement between 21st Century Brands and You with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and 21st Century Brands with respect to this Website. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. Any failure by 21st Century Brands to enforce any provision of this Agreement shall not constitute a waiver of any rights under such provision or any other provision of this Agreement.
10. ACCESS AND CONTENT TERMINATION
21st Century Brands reserves the right to terminate your access to any part or the entire Website at any time without notice for any reason whatsoever. 21st Century Brands also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. 21st Century Brands reserves the right to seek all remedies available at law and in equity for any violation of this Agreement. Sections V–XVI shall survive the termination of this Agreement.
11. MODIFICATIONS TO AGREEMENT
21st Century Brands may revise this Agreement at any time and You agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Website. It is Your responsibility to return to this Agreement from time to time to review the most current terms and conditions. 21st Century Brands does not, and will not, assume any obligation to notify You of changes to this Agreement.
You agree to be bound by any affirmation, assent, or agreement You transmit through this Website, including but not limited to any consent You give to receive communications from 21st Century Brands solely through electronic transmission. You agree that, when in the future You click on an "I agree", "I consent" or other similarly worded button or entry field on this Website, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
12. VIOLATION OF TERMS AND CONDITIONS
Any use of this Website in violation of the foregoing violates these Terms and Conditions and may result, among other actions, in termination or suspension of Your rights to use the Website. Any decision as to whether Your user content or actions violate these Terms and Conditions will be made in 21st Century Brands' sole discretion.
13. NO AGENCY OR THIRD PARTY BENEFICIARY
You agree that no agency, partnership, joint venture, employee-employer, or franchiser- franchisee relationship exists as a result of this Agreement or use of the Website. You acknowledge that You do not have authority or power to bind 21st Century Brands. In no event shall 21st Century Brands be liable for any representation, act, or omission made by You. The parties further agree that nothing in this Agreement is intended, or shall be construed, as creating any rights in third parties.
14. SYSTEM SECURITY
You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, 21st Century Brands reserves the right to release Your details to system administrators at other Websites in order to assist them in resolving security incidents. 21st Century Brands reserves the right to investigate suspected violations of this Agreement.
21st Century Brands reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing 21st Century Brands to disclose the identity of anyone posting, publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS 21st Century Brands FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY 21st Century Brands DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER 21st Century Brands OR LAW ENFORCEMENT AUTHORITIES.
Terms And Conditions
EFFECTIVE DATE: March 4th, 2016