2. Changes or Updates. We reserve the right to make changes and update these Terms and/or any information or Content contained on this Site without prior notice. Changes will be effective immediately upon notice, which may be given by posting on the Site. Site users (“Users”) have the obligation to review changes to these Terms when they access or re-access the Site. Your continued use of the Site after a change to these Terms shall be deemed acceptance of such changes.
3. License. Subject to your agreement and continuing compliance with these Terms and any other relevant policies posted on the Site, AND1.com grants you a non-exclusive, non-transferable, revocable license to access and use the Site for your own non-commercial entertainment purposes. You agree not to use the Site for any other purpose.
4. Registration; Account. Before you can purchase any products, you must register and create an account on the Site. As part of the registration process you will be asked to provide a user name and password. By creating an account you represent and warrant that all information you submit is complete and accurate. Knowingly submitting incomplete or inaccurate information may result in the termination of your account and forfeiture of any benefit to which you may otherwise be entitled to on the Site. Each user may only establish one (1) account on the Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or user name and password. You may not assign or transfer your account to any other person or entity. You acknowledge that AND1.com is not responsible for third party access to your account that results from theft or misappropriation of your account. AND1.com reserves the right to refuse or cancel service, terminate accounts or remove or edit Site content in our sole discretion.
5. Ownership; Intellectual Property. All data, materials and other content displayed or posted on the Site, such as text, graphics, logos, sounds, images, design elements, photographs, illustrations, as well as the compilation thereof, and any software or code used on the Site (collectively, “Content”), is the property of AND1.com, its licensors, suppliers or other third parties and is protected by copyright and other laws that protect intellectual property and proprietary rights. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of AND1.com and/or other parties. You agree that you do not acquire any ownership rights in any Content or Trademarks by using the Site. We do not grant you any licenses, express or implied, to the Content, Trademarks or other intellectual property of AND1.com or our licensors except as expressly authorized by these Terms. AND1.com does not warrant or represent that your use of Content contained on the Site will not infringe rights of third parties. Your misuse of any Trademark displayed on the Site, or any other Content, except as provided in these Terms is strictly prohibited.
6. Content You Post. Any Content that you post on the Site, including any data, questions, comments, suggestions, is and will be treated as non-confidential and non-proprietary and may be used by AND1.com for any purpose. AND1.com may, in its sole discretion, remove or edit any Content that it deems to be inappropriate, inoffensive, or otherwise in violation of these Terms. 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. AND1.com is free to use any ideas, concepts, know-how, or techniques contained in any Content you send to us or post on the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information, without obtaining your permission and without any compensation to you.
7. User Conduct. Users may not copy, download, reproduce, transmit, distribute, sell, license, rent, publicly display or perform, adapt, incorporate, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Site other than as provided in these Terms. Site Content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use the Site and Content solely for your personal use, and will make no other use of the Content without the express written permission of us and the copyright owner. Users expressly agree not to engage in any activity with respect to the Site that:
o interrupts, destroys, alters, damages, delays or limits the functionality or integrity of the Site or Content, including any associated software or hardware;
o infringes on any patent, trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of the Site or any Content;
o manipulates identifiers or numeric information to disguise the origin of any User, device, material, Content or other information;
o causes the forwarding of information that you do not own, have the right or authorization to provide, or that is false or misdirected;
o contains unauthorized advertising, advertises Content as your own or solicits other Users;
o is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable;
o removes any copyright, trademark or other proprietary rights notice contained in the Site or Content;
o frames or mirrors any portion of the Site;
o harvests or collects information about other Users without their express consent;
o posting banners, advertising or other links on Site pages without our express prior consent; or
o otherwise violates these Terms or any applicable law, rule or regulation.
8. Violations and Termination. Any conduct that in any way violates these Terms or any posted restrictions may result, in our sole discretion, in the termination of a User’s account and/or access to the Site without further notice and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to (a) protect AND1.com, the Site and/or Content; (b) comply with applicable laws; or (c) prevent unauthorized access or use of the Site or Content. We retain the right to deny access to the Site, in our sole discretion, to any User for any reason, including for any violation of these Terms.
9. DISCLAIMER OF WARRANTIES. THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS.” WE DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY CONTENT PROVIDED OR POSTED ON THE SITE OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT FOUND ON THE SITE IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL AND1.com, ITS MEMBERS, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES OR EMPLOYEES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS, HARM OR DAMAGE, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM OR IN ANY WAY CONNECTED TO, (I) USE OF OR ACCESS TO THE SITE OR CONTENT POSTED ON THE SITE; (II) ANY FAILURE OR INTERRUPTION OF THE SITE; (III) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THE SITE OR THE CONTENT AVAILABLE TO USERS; (IV) ANY OTHER CAUSE RELATING TO A USER’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SITE OR CONTENT; (V) ANY CONTENT OR MATERIALS, ADVISE OR OPINIONS POSTED OR UPLOADED ON THE SITE, INCLUDING ANY USER RELIANCE ON SUCH INFORMATION; (VI) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VII) ANY USER’S FAILURE TO COMPLY WITH THESE TERMS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF AND1.com, ITS EMPLOYEES, REPRESENTATIVES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT.
11. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AND1.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING FROM YOUR VIOLATION OR BREACH OF THESE TERMS, YOUR UNAUTHORIZED ACCESS OR USE OF CONTENT, YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS AND/OR ANY CONSEQUENCES ARISING OUT OF YOUR ACCESS OR USE OF THE SITE OR CONTENT. AND1.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AND1.com in asserting any available defenses.
12. Copyright Infringement Claims. We respect the intellectual property rights of others. If you believe in good faith that any Content appearing on the Site infringes on your copyright, you (or your agent) may send us a written notice in accordance with the current requirements provided in the Digital Millennium Copyright Act of 1998 (DMCA). Notices should be sent to our designated agent: A.J. Cerami, New York, phone: 212.845.3534, email: support@AND1.com.com
13. Leaving Our Site. When you leave the Site, your use of the Internet will be governed by the terms of usage and privacy policies, if any, of the particular website that you are accessing. We expressly disclaim any responsibility for the accuracy, content or availability of information found on sites that link to or from the Site. We make no representations or warranties as to the security of any information that you may be requested to provide on a third party website and you irrevocably waive any claims again AND1.com, its officers, directors, representatives, employees and agents with respect to such third party websites.
14. Miscellaneous. The Site is originated and located in the United States, and these Terms shall be governed by and construed in accordance with the laws of the state of New York applicable to contracts made and wholly performed therein, excluding its conflicts of law provisions. Users who choose to access this Site from locations outside of the United States are responsible for compliance with applicable laws and regulations. Any dispute arising out of or relating to these Terms or your access or use of this Site will be subject to the jurisdiction of the courts located within the state of New York, and you hereby submit to the personal jurisdiction of such courts. If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent, and the remaining provisions of these Terms shall remain in full force and effect. These Terms, including any posted restrictions and guidelines, contain the full understanding of the parties with respect to access and usage of the Site and Content. No action of ours, other than an express written waiver or update to these Terms, may be construed as a waiver of any part of these Terms. In the event we waive or update any specific provision of these Terms, all other portions will remain intact.
15. Contact Us. We welcome your questions or comments regarding the Terms: 1407 Broadway, Suite 3801. NY, NY 10018
Effective September 2015