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Welcome to our website. This site is operated and maintained by iam8bit, Inc., a California corporation (“Company”) as a service to its customers. Throughout the site, the terms “we”, “us” and “our” refer to Company. By using this site, you agree to comply with and be bound by the following terms of service (the “Terms”). These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please review these Terms carefully. If you do not agree to these Terms, you should not use this site.
SECTION 1 – BINDING EFFECT. This is a binding agreement (the “Agreement”). The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms. By using the Internet site located at http://iam8bit.com (the “Site”) or any services provided in connection with the Site (the “Service”) including but not limited to purchasing any products from the Site, you agree to abide by these Terms, as they may be amended by Company from time to time in its sole discretion, as well as those additional terms of service and policies referenced herein and/or made available by hyperlink. Company will post a notice on the Site any time these Terms have been changed or otherwise updated. It is your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. Your continued use of or access to the Site following the posting of any changes or updates constitutes acceptance of those changes or updates. YOU AGREE THAT BY USING THE SITE OR SERVICE YOU REPRESENT THAT YOU ARE at least the age of majority in your state or province of residence (18 years or older in the U.S.), or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
SECTION 3 – OWNERSHIP. All content included on this Site is and shall continue to be the property of Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
SECTION 4 – INTENDED AUDIENCE. This website is intended for adults only of the applicable legal age of majority in your jurisdiction. This website is not intended for any children under the age of 13.
SECTION 5 – REGISTRATION; USER NAMES AND PASSWORDS. You may need to register to use all or part of the Site. When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide a user name and password. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
SECTION 6 – ONLINE STORE, PRODUCTS AND DESCRIPTIONS. Our Site’s online store is hosted on Shopify Inc., whose terms of service can be found at https://www.shopify.com/legal/terms and are hereby incorporated herein by reference. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our products and services to you.
In addition, Company and the Site may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by Company or by third-parties. The availability through Company of any listing, description or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information (including pricing) and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product, Site, or Service. Certain measures and similar descriptions are approximate and are for convenience only, and Company makes no guarantee that the color and other descriptions provided will be precise attributes of any actual Product you receive due to the handmade, customized, limited, and/or unique nature in many or all Product instances. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product. Company is not responsible for any variations except those that are material, and Company is not liable for the final color appearance of any Products. If a Product or Service offered on the Site materially differs from its description, your sole remedy is to return the item, as specified in these Terms. Any offer for any Product or Service made on this Site is void where prohibited.
SECTION 7 – TRANSACTIONS. We may make available the ability to purchase or otherwise obtain certain Products through the Site (a “Transaction”). If you wish to make a Transaction, the purchase of Products available through or in connection with this Site requires that you pay the applicable fees. Unless otherwise indicated, all fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
You may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION AND THAT THE ASSOCIATED INFORMATION ENTERED IS ACCURATE. By submitting such information, you grant to us the right to provide such information to third-parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. Your right to use the Service is subject to any expenditure limits established by Company or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate your access and purchase, thereby terminating this Agreement and all obligations of Company hereunder. If a charge is declined or reversed by the credit card issuer or network, you agree to pay Company a service charge and to reimburse Company for all reasonable costs of collection. Your credit card issuer may also assess its customary charge for such transactions. By clicking “Submit,” you are consenting to receive a one-time confirmation of this payment electronically to the email address you have provided to us.
Restrictions. Company reserves the right, including without prior notice and on a case-by-case basis, to limit the available quantity of or discontinue making available any Product in general or to any per person, per household, or per order, per geographic region or jurisdiction (including orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address); to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. You agree that you will not resell any Products or Services obtained through a Transaction, unless we have provided our express prior written consent for you to do so.
SECTION 8 – PURCHASE POLICIES.
SECTION 9 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION. Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition, this Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 10 – OPTIONAL TOOLS. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 11 – AFFILIATED SITES. Company has no control over, and no liability for any third -party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms shall govern your use of any and all third-party content. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 – ELECTRONIC COMMUNICATIONS. When you use the Site or send emails to Company, you are communicating with Company electronically. You consent to receive electronically any communications related to your use of this Site. Company will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Company intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on the Site.
SECTION 13 – USER CONTENT, FEEDBACK AND OTHER SUBMISSIONS. The Site may provide users with the ability to post messages or comments on the Site. Further, you grant Company a license to use the materials you post to the Site or Service or send to Company in regards thereto. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content including without limitation sending creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Content”) to the Site or Service or to Company regarding the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By contributing User Content to Company, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. Company is under no obligation to review any User Content posted on or sent through the Site or by postal mail by users and assumes no responsibility or liability relating to any such User Content. Company, in its sole discretion, may monitor, not post or remove any such User Content. We may, but have no obligation to, respond to any User Content, or to monitor, edit or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree to not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. You are solely responsible for any User Content you submit and its accuracy. We take no responsibility and assume no liability for any User Content submitted by you or any third-party.
SECTION 14 – INAPPROPRIATE CONTENT. You shall not make the following types of content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) contains any computer virus or other malware that could in any way affect the operation of the Site or Service or any related website; or (d) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
SECTION 15 – COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS AND ALL APPLICABLE LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third-party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you. You further agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
SECTION 16 – COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third-party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third-party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a 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 the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
Copyright Compliance Officer
2147 W Sunset Blvd.
Los Angeles, California 90026
SECTION 19 – PROHIBITED USES. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 20 – SITE DISCLAIMER OF WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
SECTION 21 – GENERAL LIMITATION OF LIABILITY. Without limiting any of the foregoing, COMPANY GROUP’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY GROUP BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE AND THE SERVICES INCLUDING WITHOUT LIMITATION (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE OR YOUR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. Some states do not allow the disclaimer or limitation of damages, so the limitations set forth above may not apply to you.
SECTION 22 – INDEMNIFICATION. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company Group from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of the Site, your violation of these Terms, or your infringement, or infringement by any other user of your account or any third-party due to or arising out of your breach of these Terms or incorporated documents, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
SECTION 23 – COPYRIGHT. All contents of Site or Service are: Copyright © 2018 Iam8bit, Inc., 2147 W. Sunset Blvd. Los Angeles, California 90026 US. All rights reserved.
SECTION 25 – GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, USA in all disputes arising out of or related to the use of the Site or Service.
SECTION 26 – INTERNATIONAL ACCESS. Unless expressly stated otherwise, the Site, the Services, and the Products are provided from the United States of America, and all servers and stores that make it available reside in the U.S. The laws of other countries may differ regarding the access and use of the Site and Service. While we do our best to comply with the laws outside of the U.S., we make no representations regarding the legality of this Site, the Services, the Terms, or the Products or Transactions in any other country, and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.
SECTION 27 – SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms of service will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
SECTION 28 – NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third -party.
SECTION 29 – MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
SECTION 30 – TERMINATION. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 31 – ENTIRE AGREEMENT. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 32 – CONTACT INFORMATION. Questions about the Terms should be sent to us at firstname.lastname@example.org.
SECTION 33 – ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.