Terms of Service
Last Updated: 1/21/20
Welcome to Hairy Ear Prints! These Terms of Service govern your use when visiting or using the Hairy Ear Prints website, www.hairyearprints.com (“Website”), and social media or other online sites (e.g., Facebook, Instagram, Pinterest,) (“Social Media”) (collectively, the “Services”). Hairy Ear Prints (“Company”) owns and operates the Services. Throughout these Terms of Service, the terms “Company,” “us,” and/or “we” refer to Hairy Ear Prints.
Hairy Ear Prints offers its Services, including all information, tools, features, technologies, software, services, products, content, and functionality, to you, the user, whether as a guest or registered user, conditioned upon your acceptance of all terms, policies and notices stated herein, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Services, including without limitation, users who are browsers, account users, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our Services. By accessing or using any part of the Services, you accept and agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then do not access or use the Services.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Changes to Our Terms of Service
We reserve the right to modify these Terms of Service at any time, so please review them regularly for any changes. If we make material changes to the Terms of Service, we will notify you on the top of this page that it has been updated, and reflect the date it was last updated.
It is your responsibility to check this page periodically for changes. Any new features or tools which are added to the Services shall also be subject to the Terms of Service. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
Age Requirement
Our Services are intended for users over the age of 18 and not targeted or intended for anyone under the age of 13. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
General Conditions
You may not use our Services for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). We reserve the right to refuse service to anyone for any reason at any time. You agree that you are responsible for all data charges you incur through use of the Services. A breach or violation of any of the Terms of Services will result in an immediate termination of your Services. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
Accuracy of Services
We are not responsible if information made available on or through the Services is not accurate, complete or current. The material on the Services 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 the Services is at your own risk.
We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on our Services. We reserve the right to withdraw or modify the Services, and any content, feature, or material we provide on or through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. You agree that it is your responsibility to monitor changes to our Services.
Accounts
You may be asked to provide certain registration details or other information to access the Services or some of the resources we offer. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Intellectual Property Ownership
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, graphics, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (collectively, the “Intellectual Property”). Other than expressly stated herein, there are no implied licenses granted under these Terms of Service.
Subject to these Terms of Service, the Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your personal, non-commercial use. The rights granted herein are subject to the following restrictions, except as otherwise expressly stated herein: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on our Services; (b) you shall not copy, reproduce, disseminate, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, disassemble, reverse compile, reverse engineer, store, post, or transmit any of the material or content on our Services.
If you violate the Intellectual Property rights of the Company and/or and of these Terms of Service, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Services is a breach of these Terms of Services and may violate copyright, trademark, and other laws.
Trademark Rights and Linking
The Company is the owner of pending, registered and unregistered trademarks, trade dress and trade name appearing on the Services, including but not limited to the Hairy Ear Prints name and logo, and all related names, logos, product and service names, designs, and slogans. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
You may link to our homepage, so long as you do not imply or suggest any form of association, approval or endorsement on our behalf without our express written consent.
User Content
The Services may contain public message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and any other interactive feature that allows users to post, submit, publish, display, or transmit to other users or other persons (collectively, “post”) content or materials (collectively “User Content”) on or through the Services. All User Content must comply with the policies and standards set forth herein.
Any User Content you post will not be considered confidential or propriety. By posting User Content on the Services, you grant (and represent and warrant that you have the right to grant) to the Company, and its owners, members, parent, subsidiaries, affiliates, successors, assigns, licensors, service providers, and third party content providers an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display, publicly perform, modify, create derivative works of, incorporate into other works, and otherwise use and exploit your User Content, with the right to sublicense, solely for the purposes of including your User Content in the Services. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.
You agree that you User Content will not: (a) violate any third-party right, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or other personal , intellectual property, or proprietary right; (b) contain libelous or otherwise unlawful, abusive, harassing, threatening, defamatory, vulgar, false, intentionally misleading, obscene, pornographic, or patently offensive material or promote racism, hatred, bigotry, or physical harm; (c) be harmful to minors; (d) contain any computer virus or other malware that could in any way affect the operation of the Services or any related website; or (e) be in violation of any law, regulation or restrictions of any third party.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any posts. You are solely responsible for any User Content you make and their accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party.
We may, but have no obligation to, review, investigate, and/or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You acknowledge and agree that you are responsible for any User Content you post, and you, and not the Company, has full responsible for such content, including its legality, reliability, accuracy and appropriateness.
You agree to indemnify and hold the Company, its parent, subsidiaries, affiliates, and their employees, agents, officers, directors, members, owners, successors, assigns, third party content providers, service providers, and licensors, harmless from any and all damages, claims, expenses, costs or fees (including attorney’s fees) arising from and/or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Procedure for claiming Copyright Infringement – DMCA Notice
The Company respects the intellectual property rights of others. Users are responsible to making sure that any material they upload does not infringe upon the rights of others. If you believe in good faith that someone has posted material on any of our Services that infringe upon your copyrighted material, please provide the information requested pursuant to our [Copyright Policy link], incorporated herein.
Links to Third Party Websites
Third-party links on the Services may direct you to third-party websites and social media platforms 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.
The Company does not have control or responsibility over the content or operation of those websites. You agree and acknowledge that the Company is not responsible or liable, directly or indirectly, 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.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services or its content: (a) for any unlawful purpose or to solicit others to perform or participate in any unlawful acts; (b) to violate any applicable federal, provincial or state regulations, rules, laws, local ordinances, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (c) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (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 transmit, or procure the sending of, any advertising or promotional including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; (h) to phish, pharm, pretext, spider, crawl, or scrape; (i) to upload or transmit viruses, Trojan horses, worms, logic bombs, 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 Services or of any related Services, other Services, or the Internet; (j) to collect or track the personal information of others; (k) for any obscene or immoral purpose; (l) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, including, without limitation, by using email addresses associated with any of the foregoing; (m) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability; or (n) to interfere with or circumvent the security features of the Service or any related Services, other Services, or the Internet.
We reserve the right to terminate your use of the Services or any related Services for violating any provision of this Terms of Service.
Information We Collect About You
All information we collect about you when you use or visit the Services is subject to our Privacy Policy [Privacy Policy Link]. By using the Services, you consent to all actions taken by us and the terms and conditions of the Privacy Policy.
Disclaimer of Warranties and Limitation of Liabilities
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND CONTENT THEREIN IS AT YOUR OWN RISK. THE SERVICES AND CONTENT HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTY OF NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILATES, OR THEIR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, OWNERS, SUCCESSORS, ASSIGNS, THIRD PARTY CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS MAKE ANY WARRANTY OR REPRESENTATION THAT THE SERVICES WILL BE ACCURATE, COMPLETE, SECURE, RELIABLE, AVAILABLE, ERROR-FREE OR UNINTERRUPTED; THAT ERRORS OR DEFECTS WILL BE CORRECTED; THAT THE SERVICES MEET YOUR NEEDS OR EXPECTATIONS, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE FROM ANY VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS PARENT, SUBSIDIARIES, AFFILATES, OR THEIR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, OWNERS, SUCCESSORS, ASSIGNS, THIRD PARTY CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, COST OF COVER, BUSINESS INTERRUPTION, LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, SOCIAL MEDIA, AND/OR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, HOWEVER CAUSED AND REGARDLESS OF FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITIIY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR LIMITATION OF LIABILTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to indemnify, defend and hold harmless the Company, and its parent, subsidiaries, affiliates, partners, owners, members, officers, directors, agents, assignees, successors, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) made by any third-party due to or arising out of your violation of any law or the rights of a third-party, and/or your breach of these Terms of Service, or your use of the Services, including, but not limited to, your User Content, other than as expressly authorized in these Terms of Use.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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).
Entire Agreement
These Terms of Service and any agreements, policies and/or operating rules posted by us on or with respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Service, 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 of Service).
Misc. Provisions
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Time Limitation on Claims
You agree that any claim you may have arising out of the Services, these Terms or Service and/or your relationship with the Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law
Any claim, dispute, and/or legal proceeding relating to these Terms of Service, to any Service provided hereunder, to your use of the Services, (collectively, "Claims"), shall be governed by the laws of the State of California without regard to or application of conflict of law provisions.
Arbitration
PLEASE READ THIS ARBITRATION CLAUSE CAREFULLY.
Except for disputes relating to intellectual property rights, obligations, or any infringement claims, or disputes that qualify for small claims court, all Claims (defined under Governing Law), to the extent allowed by law, shall be submitted to confidential binding arbitration on an individual basis in San Francisco County, California through the American Arbitration Association, and you consent to personal jurisdiction, venue and forum without objection. You agree that all such claims must be brought within one year after such claim arose, otherwise, your claim is permanently barred.
The AAA Consumer Arbitration Rules shall apply (www.adr.org). The arbitration shall be conducted by a single, neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees), and shall pay an equal share of the fees and costs of arbitration. The parties hereby waive their constitutional and statutory rights to go to court and have a trial before a judge or jury. All Claims within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class action basis, and claims of more than one user cannot be arbitrated or resolved jointly or consolidated with any other user.
Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in a court of competent jurisdiction, and you consent to the exclusive jurisdiction and venue of any state or federal court in San Francisco County, California.
Contact Us
Questions about the Terms of Service should be sent to our support team at contact@hairyearprints.com You can also send inquiries to:
Hairy Ear Prints
(415) 384-5389