This web site (“Web Site” or “Site”) is hosted by Serious Materials, Inc. and its subsidiaries and affiliates (collectively, “Serious Materials”). By using this Site, you agree to be legally bound by all the terms and conditions contained in this Terms of Use agreement (“Terms”). Please review these terms carefully.
Unless the context indicates otherwise, as used in these Terms, (i) "Serious Materials," "us," "we," and "our" refer to Serious Materials, Inc. and its subsidiaries and affiliates and (ii) "Content" refers to any or all text, documents, photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations, or other information or content provided on or through this Web Site, including user interfaces and the selection, coordination and arrangement of such information.
Please review our privacy policy, which also governs your visit to this Site, to understand our privacy practices. The terms and conditions of our privacy policy are incorporated herein and made a part of these Terms.
We may, from time to time, modify these Terms. When we make changes, we will post those changes here. Your use of the Site following any such modification constitutes your agreement to the modified Terms.
Serious Materials reserves the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in its sole discretion.
The Site is owned and operated by Serious Materials in conjunction with others pursuant to contractual arrangements, and the Content (and any intellectual property and other rights relating thereto) is and will remain the property of Serious Materials and its licensors and suppliers. The Content and the selection, compilation, collection, arrangement and assembly thereof is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Serious Materials or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Serious Materials or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of Serious Materials or any third party.
All copyright rights in the text, images, photographs, graphics, user interface, and other Content provided on the Site, and the selection, coordination, and arrangement of such Content, are owned by Serious Materials or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the Content of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of Serious Materials or any third party.
Serious Materials grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Serious Materials. This license does not include any resale or commercial use of this Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, broadcast, edited, manipulated, modified, published, rented, transmitted, circulated or otherwise used for any commercial, promotional or non-personal purpose without express written consent of Serious Materials. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Serious Materials without express written consent. You may not use meta-tags or any other hidden text using Serious Materials' name or trademarks without the express written consent of Serious Materials. Any unauthorized use terminates the permission or license granted by Serious Materials.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of Serious Materials so long as the link does not portray Serious Materials or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Serious Materials logo or other proprietary graphic or trademark as part of the link without express written permission.
This Site may contain hyperlinks ("links") to Web Sites operated by persons or entities other than Serious Materials ("third-party Web Sites") or to co-branded Web Sites operated by a third party, including affiliates ("co-branded Web Sites"). We provide such links for your reference and convenience only. A link from Serious Materials to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from our Site. SERIOUS MATERIALS IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable law in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from Serious Materials. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with this Site or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Serious Materials or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using this Site, you agree not to violate or attempt to violate the security of the Site, including, without limitation, actions such as:
Accessing data not intended for you or logging into a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site;
Sending unsolicited email, including promotions and/or advertising of products or services, and
Forging any TCP/IP packet header or any part of the header information in any email or posting.
THIS SITE IS PROVIDED BY SERIOUS MATERIALS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERIOUS MATERIALS MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERIOUS MATERIALS DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL SERIOUS MATERIALS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO SERIOUS MATERIALS THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION O
F CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
These Terms, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if these Terms were a contract wholly entered into and wholly performed within the State of California. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to Serious Materials or to products you purchase through Serious Materials shall be submitted to confidential arbitration in Santa Clara County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate Serious Materials' intellectual property rights, Serious Materials may seek injunctive or other appropriate relief in any state or federal court in the State of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdicti
on. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
You agree to defend, indemnify, and hold harmless Serious Materials and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by Serious Materials arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any rights of another, or any allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party.
We may discontinue the Site at any time and for any reason, without notice. We may change the Content, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice.
The Site is solely directed to individuals residing in the United States. We make no representation that Content available on or through the Site is appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Serious Materials as a result of these Terms or your use of this Site. Nothing contained in these Terms are in derogation of Serious Materials' right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Serious Materials with respect to such use. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms may be supplemented by additional terms posted at other locations on this Site, but these Terms will supersede in the event of a conflict with such additional terms. These Terms and such additional terms constitute our entire agreement with you regarding your use of this Web Site. Any heading, caption or section title contained in these Terms are inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The invalidity of any term, condition or provision of these Terms of Use shall not affect the enforceability of those portions deemed enforceable by applicable courts of law.
The failure of Serious Materials to enforce any provisions of these Terms or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.
If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
These Terms are the entire and final Agreement regarding our Site and its Content, and supersede any prior or contemporaneous communications between Serious Materials and you regarding our Site and its Content.
All rights not expressly granted herein are hereby reserved.
April 7, 2010