Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
5. Feedback. If you choose to provide product, business or other feedback to us concerning the brand website or any brand products or services (collectively, “Feedback”), we will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by us of Feedback into any of our products or services does not grant you any proprietary rights therein.
6. Termination and Suspension. Without limiting other remedies, we may terminate or suspend your access to all or part of the brand website without notice if we determine, in our sole and absolute discretion, that you have violated these Terms or have engaged in any conduct that we believe is in violation of any applicable law or regulation or is otherwise harmful to our interests, any other brand website user, or any third party. You may discontinue your participation in and access to the brand website at any time.
7. Modifications To Terms. We may, in our sole and absolute discretion, change these Terms from time to time. If you login to the brand website after a change to these Terms of Use, we will advise you of the change. If you object to any such changes, your sole recourse will be to cease using the brand website. Continued use of the brand website following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
8. Modifications To The Brand Website. We reserves the right to modify or discontinue the brand website with or without notice to you.
9. Password and Security. If a client-only section of the brand website becomes implemented in the future, you are responsible for maintaining the confidentiality of your brand website password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security related to the brand website. We reserves the right to require you to alter your password if we believes that your password is no longer secure. You agree that you will be solely responsible for any loss or damage you suffer as a result of your failure to adequately safeguard your password.
10. Third Party Services; Integration and Links. We may integrate with or provide links to certain third party Internet sites and services (for example, Facebook.com, Instagram.com, Shopify.com, Squarespace.com, Stripe.com or Square.com) (collectively, such third parties, “Partners”). The Partner services made available through the links to the such sites and services from the brand website are for your convenience only and do not signify the endorsement by us of such Partner sites or services. YOU AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ACTS OR OMISSIONS BY PARTNERS, ANY PARTNER SERVICES OR SITES, OR ANY INFORMATION OR OTHER MATERIALS FOUND AT ANY OTHER WEBSITE OR INTERNET RESOURCE.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
a. YOU EXPRESSLY AGREE THAT USE OF THE BRAND WEBSITE IS AT YOUR SOLE RISK. THE BRAND WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE BRAND WEBSITE AND ALL PARTNER SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, LINKS, AND FILES) STORED BY US, YOU OR OTHERS ON THE BRAND WEBSITE IS NOT GUARANTEED AND THAT WE WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE BRAND WEBSITE OR ITS UNAVAILABILITY. YOU UNDERSTAND AND AGREE THAT ANY DATA, SERVICES AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BRAND WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE BRAND WEBSITE WILL CREATE ANY WARRANTY FROM US NOT EXPRESSLY MADE HEREIN.
b. UNDER NO CIRCUMSTANCES WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF MONEY, REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE BRAND WEBSITE.
c. IF, NOTWITHSTANDING THESE TERMS OF USE, WE ARE FOUND TO BE LIABLE, OUR LIABILITY AND THAT OF OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS TO YOU OR TO ANY THIRD PARTY IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
12. Disclaimer of Warranties. Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
13. Indemnification. You agree to indemnify, defend, and hold us harmless and our officers, directors, employees, consultants, suppliers and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with us in the defense of such claim.
14. Trademarks. “ALYSSON SANTOS” and the ALYSSON SANTOS logo, and certain other of the names, logos, and materials displayed in the brand website, may constitute our trademarks, trade names, or service marks (“Marks”) or that of other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
15. Copyrights; Restrictions on Use. The content on the brand website (the “Content”), including without limitation, all text and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by is or our licensors. Other than with respect to your own User Submissions, (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and our applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
16. Miscellaneous. These Terms, together with any additional terms to which you agree when using particular elements of the brand website (e.g., terms relating to the payment of fees for certain brand product and services), constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the brand website, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. These Terms and the relationship between you and us will be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the brand website will be brought in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to our and your intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the brand website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will remain in full force and effect notwithstanding any termination of your use of the brand website.
17. Date Last Modified. These Terms were last modified on JANUARY 27TH, 2019.
