thenewplantco
We specialize in affordable and hard to find plants.
United States
thenewplantco is currently not selling on Etsy We’re here if you need help with an order from this shop. Have questions? Visit our Help Centre.
thenewplantco is currently not selling on Etsy
We’re here if you need help with an order from this shop. Have questions? Visit our Help Centre.
Shop policies
Last updated on 16 Mar, 2021
Delivery
See item details for estimated arrival times.
Customs and import taxes
Buyers are responsible for any customs and import taxes that may apply. I'm not responsible for delays due to customs.
Returns & exchanges
See item details for return and exchange eligibility.
Cancellations
Cancellations: accepted
Request a cancellation: within 1 hour of purchase
Privacy policy
Privacy policy
Privacy Policy
We collect information from and about you.
Contact information. For example, we might collect your name and street address. We might also collect your phone number or email.
Payment and billing information. For example, we collect your credit card number and zip code when you buy a ticket.
Information you post. For example, we collect information you post in a public space on our website or on a third-party social media site.
Demographic information. We may collect information about events you like or products you buy. We might collect this as part of a survey, for example.
Other information. If you use our shop, we may collect information about the browser you’re using. We might look at what site you came from, or what site you visit when you leave us. If you use a mobile app, we may collect your GPS location or your device’s unique identifier. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running. We might look at how often you use the app and where you downloaded it.
We collect information in different ways.
We collect information directly from you. For example, if you engage with our store or buy products. We also collect information if you post a comment or ask us a question.
We collect information from you passively. Etsy uses tracking tools like browser cookies and web beacons.
We get information about you from third parties. For example, if you use an integrated social media feature on our websites or mobile applications. The third-party social media site will give us certain information about you. This could include your name and email address. Your activities on our sites and apps may be posted to the social media platforms.
We use information as disclosed and described here.
We use information to respond to your requests or questions. For example, we might use your information to confirm your products or orders.
We use information to improve our products and services. We might use your information to customize your experience with us. This could include displaying content based upon your preferences.
We use information to look at site trends and customer interests. We may use your information to make our store and products better. We may combine information we get from you with information about you we get from third parties.
We use information for security purposes. We may use information to protect our company, our customers, or our websites.
We use information to send you transactional communications. For example, we might send you emails about your order or a product purchase. We might also contact you about our policies or our store terms.
We use information as otherwise permitted by law.
We may share information with third parties.
We will share information with third parties who perform services on our behalf. For example, we share information with vendors who help us manage our online products or who fulfill your purchases.
We may share information if we think we have to in order to comply with the law or to protect ourselves. For example, we will share information to respond to a court order or subpoena. We may also share it if a government agency or investigatory body requests. Or, we might also share information when we are investigating potential fraud.
We may share information with any successor to all or part of our business. For example, if part of our business is sold we may give our customer list as part of that transaction.
We may share your information for reasons not described in this policy. We will tell you before we do this.
You have certain choices about how we use your information.
Your California Privacy Rights.
If you live in California and have an established business relationship with us, you can request a list of the personal information we have shared with third parties for their marketing purposes. We will also give you a list of the third parties that have received your information. You can make a request one time each year.
Our sites and apps are meant for adults. We do not knowingly collect personally identifiable information from children under 13.
We use standard security measures.
We have security measures in place to protect your information. The standard security measures we use will depend on the type of information collected. However, the Internet is not 100% secure. We cannot promise that your use of our sites will be completely safe. We encourage you to use caution when using the Internet. This includes not sharing your passwords.
Code of Conduct
You agree that you will comply with all applicable laws, rules and regulations, and that you will not:
-Restrict or inhibit any other person from using the Site;
-Use the store for any unlawful purpose;
-Express or imply that any statements you make are endorsed by us, without our prior written consent;
-Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
-Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
-Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
-Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
-Engage in spamming or flooding;
-Harvest or collect information about store users;
-Use any password or code to participate in a promotion or other offer in the store if you did not receive the password or code from us or if you violate the terms of the promotion or offer; or
-Use any area of the store for commercial purposes, such as to conduct sales of products or services.
The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the store (collectively, the "Content") are owned by us or our licensors. We own the copyright and, in many instances, patents and other intellectual property in the store and Content. We may change the Content and features of the Site at any time.
We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sublicensable license to view this store and its Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:
-Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
-Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
-"Frame" or "mirror" any part of the store;
-Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the store or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
-Remove any copyright, trademark or other proprietary rights notices contained in the store;
-Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed in the store. Operators of public search engines may use spiders to copy materials from the store for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
-Use any automated software or computer system to search for, reserve, buy or otherwise obtain discount codes, promotional codes, vouchers, gift cards or any other items available in the store, including sending information from your computer to another computer where such software or system is active;
-Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
-Access, reload or refresh transactional pages, or make any other request to transactional servers, more than once during any three-second interval;
-Reproduce, modify, display, publicly perform, distribute or create derivative works of the store or the Content;
-Use the store or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the store and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the store or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the store and Content. You will not acquire any ownership rights by using the store or the Content.
The registered and unregistered trademarks, logos and service marks displayed in the store are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission.
Forums and User Content
By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent's or legal guardian's express consent to submit User Content.
You own all rights to your User Content. If you submit User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights.
Statements, opinions and reviews posted by participants in the Store may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.
You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person's name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor's parent or legal guardian.
We will have the right (but not the obligation) to monitor the Store, the and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the store properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests.
If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.
Claims of Copyright Infringement on the Site
Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content in the Store infringes on your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content in the Store; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Links
The Store may contain links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Store or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
Violation of these Terms
We may investigate any violation of these Terms, including unauthorized use of the Store. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Store or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Store or to your account or any related information, and we will not be required to make the Store or your account or any related information available to you. We may also cancel any order and products acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel an order associated with any person we believe to be acting with you, or exercise any other remedy available to us.
You agree that your abusive use of the Store may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses.
Disclaimer of Warranties
WE PROVIDE THE STORE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE STORE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Limitation of Liability
IN NO EVENT WILL WE OR OUR PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE STORE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE STORE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, OR (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE STORE IS TO STOP USING THE STORE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification
If anyone brings a claim against us related to your use of the Store, the Content, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
We collect information from and about you.
Contact information. For example, we might collect your name and street address. We might also collect your phone number or email.
Payment and billing information. For example, we collect your credit card number and zip code when you buy a ticket.
Information you post. For example, we collect information you post in a public space on our website or on a third-party social media site.
Demographic information. We may collect information about events you like or products you buy. We might collect this as part of a survey, for example.
Other information. If you use our shop, we may collect information about the browser you’re using. We might look at what site you came from, or what site you visit when you leave us. If you use a mobile app, we may collect your GPS location or your device’s unique identifier. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running. We might look at how often you use the app and where you downloaded it.
We collect information in different ways.
We collect information directly from you. For example, if you engage with our store or buy products. We also collect information if you post a comment or ask us a question.
We collect information from you passively. Etsy uses tracking tools like browser cookies and web beacons.
We get information about you from third parties. For example, if you use an integrated social media feature on our websites or mobile applications. The third-party social media site will give us certain information about you. This could include your name and email address. Your activities on our sites and apps may be posted to the social media platforms.
We use information as disclosed and described here.
We use information to respond to your requests or questions. For example, we might use your information to confirm your products or orders.
We use information to improve our products and services. We might use your information to customize your experience with us. This could include displaying content based upon your preferences.
We use information to look at site trends and customer interests. We may use your information to make our store and products better. We may combine information we get from you with information about you we get from third parties.
We use information for security purposes. We may use information to protect our company, our customers, or our websites.
We use information to send you transactional communications. For example, we might send you emails about your order or a product purchase. We might also contact you about our policies or our store terms.
We use information as otherwise permitted by law.
We may share information with third parties.
We will share information with third parties who perform services on our behalf. For example, we share information with vendors who help us manage our online products or who fulfill your purchases.
We may share information if we think we have to in order to comply with the law or to protect ourselves. For example, we will share information to respond to a court order or subpoena. We may also share it if a government agency or investigatory body requests. Or, we might also share information when we are investigating potential fraud.
We may share information with any successor to all or part of our business. For example, if part of our business is sold we may give our customer list as part of that transaction.
We may share your information for reasons not described in this policy. We will tell you before we do this.
You have certain choices about how we use your information.
Your California Privacy Rights.
If you live in California and have an established business relationship with us, you can request a list of the personal information we have shared with third parties for their marketing purposes. We will also give you a list of the third parties that have received your information. You can make a request one time each year.
Our sites and apps are meant for adults. We do not knowingly collect personally identifiable information from children under 13.
We use standard security measures.
We have security measures in place to protect your information. The standard security measures we use will depend on the type of information collected. However, the Internet is not 100% secure. We cannot promise that your use of our sites will be completely safe. We encourage you to use caution when using the Internet. This includes not sharing your passwords.
Code of Conduct
You agree that you will comply with all applicable laws, rules and regulations, and that you will not:
-Restrict or inhibit any other person from using the Site;
-Use the store for any unlawful purpose;
-Express or imply that any statements you make are endorsed by us, without our prior written consent;
-Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
-Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
-Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
-Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
-Engage in spamming or flooding;
-Harvest or collect information about store users;
-Use any password or code to participate in a promotion or other offer in the store if you did not receive the password or code from us or if you violate the terms of the promotion or offer; or
-Use any area of the store for commercial purposes, such as to conduct sales of products or services.
The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the store (collectively, the "Content") are owned by us or our licensors. We own the copyright and, in many instances, patents and other intellectual property in the store and Content. We may change the Content and features of the Site at any time.
We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sublicensable license to view this store and its Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:
-Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
-Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
-"Frame" or "mirror" any part of the store;
-Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the store or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
-Remove any copyright, trademark or other proprietary rights notices contained in the store;
-Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed in the store. Operators of public search engines may use spiders to copy materials from the store for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
-Use any automated software or computer system to search for, reserve, buy or otherwise obtain discount codes, promotional codes, vouchers, gift cards or any other items available in the store, including sending information from your computer to another computer where such software or system is active;
-Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
-Access, reload or refresh transactional pages, or make any other request to transactional servers, more than once during any three-second interval;
-Reproduce, modify, display, publicly perform, distribute or create derivative works of the store or the Content;
-Use the store or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the store and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the store or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the store and Content. You will not acquire any ownership rights by using the store or the Content.
The registered and unregistered trademarks, logos and service marks displayed in the store are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission.
Forums and User Content
By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent's or legal guardian's express consent to submit User Content.
You own all rights to your User Content. If you submit User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights.
Statements, opinions and reviews posted by participants in the Store may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.
You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person's name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor's parent or legal guardian.
We will have the right (but not the obligation) to monitor the Store, the and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the store properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests.
If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.
Claims of Copyright Infringement on the Site
Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content in the Store infringes on your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content in the Store; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Links
The Store may contain links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Store or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
Violation of these Terms
We may investigate any violation of these Terms, including unauthorized use of the Store. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Store or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Store or to your account or any related information, and we will not be required to make the Store or your account or any related information available to you. We may also cancel any order and products acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel an order associated with any person we believe to be acting with you, or exercise any other remedy available to us.
You agree that your abusive use of the Store may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses.
Disclaimer of Warranties
WE PROVIDE THE STORE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE STORE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Limitation of Liability
IN NO EVENT WILL WE OR OUR PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE STORE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE STORE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, OR (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE STORE IS TO STOP USING THE STORE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification
If anyone brings a claim against us related to your use of the Store, the Content, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.