Terms of Use

 

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Welcome to the internet site of apronsandsmocks.com (herein referred to as “Aprons & Smocks”, “Site”,,”us”,”our” or “we”) has created this privacy statement to demonstrate out firm commitment to the privacy of the users of our website.

Please read these Terms of Use carefully before using the Aprons & Smocks site. By using our Site or by selecting a box that states you accept these terms; you indicate your agreement to these terms of use. You must agree to these terms to use the Aprons & Smocks site.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration. You acknowledge that such consideration includes your use of the Site, collection of data, materials and information available at or through our Site, the possibility of our use or display of your Submissions (as defined below) and the possibility of promotion from our use or display of your Submissions.

 

Terms of Use and Privacy

All of the content on the Site are subject to copyright, trademark, trade dress and/or other intellectual property rights or licenses held by Aprons & Smocks. Aprons & Smocks and its affiliates and licensors reserve all intellectual property rights in all of the content and compilation on this website. This includes all images, text, programs, graphics, interactive clips and other materials that are on this website.

The content on this site is intended for personal noncommercial use. Users are allowed to download, print and store selected content of the website under certain conditions.

  • The copies of the content are for personal noncommercial use
  • Do not copy or reproduce the content on any other network website or computer.
  • Do not change, modify or alter any of the content on this website in any manner.

There are no exceptions to the above statement and there are no rights, title or interest transferred from downloading, copying or distributing any of the content from this website. Aprons & Smocks owns all copyrights and full intellectual rights in any downloaded content from this website.

We reserve the right to change, amend, or otherwise add to anything found in these Terms of Use whenever we deem necessary.

 

1. Collection and Use of Personal Information

We respect your privacy. We will never sell or give any identifiable information about you to any third party. If you email comments to us, we may use your comments for editorial purposes or in promotional advertising and/or marketing materials.

You can visit the Site of Aprons & Smocks without revealing any personal information. However, some services on the Site require you to create an account to participate or use certain Site services. You agree to provide accurate, current, and complete information about yourself when you register and throughout the life of the account. Where required, this information may include company contact information as well as your personal contact information. Aprons & Smocks will use this information to reply to your inquiries, set up member accounts, and to provide you with requested services.

You shall not impersonate any person or misrepresent your identity or affiliation with any person, including using another person’s username or account information, another person’s name, image or photograph. Any security issues or unauthorized use of your username or information on any Site should be promptly brought to our attention at sales@apronsandsmocks.com.

We reserve the right to terminate or suspend your account and your ability to use the Site for failure to comply with these terms or use, for infringing copyright, or for any other reason we feel necessary.

Protecting your privacy and your information is a top priority. We have taken reasonable measures to secure both your information and your physical premises. We exercise reasonable care in providing safe transmission of your information from you PC to our servers (unless sent by a means outside of our control, such as e-mail). However, we cannot guarantee that our measures will completely bar unauthorized access to your information, and by using the Site you assume this risk.

 

2. Submissions

“Submissions” refer to text, comments, messages, ideas, concepts, suggestions, and/or other similar materials that a user posts, submits, uploads, displays, embeds, communicates or distributes on or through the Aprons & Smocks site.

Solicited Submissions are Submissions that we expressly request or enable you to provide us through any feature or activity on the Site for our review or display. Users or members to our Site may not provide any Unsolicited Submissions through our site. You agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.

Except as stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited and Solicited Submissions. We, our licensees, representatives, and other authorized users shall be entitled to use and disclose all Submissions, and we shall not be liable to you or any person claiming through you for any exploitation or disclosure of any Submission.

You hereby grant Aprons & Smocks, our licensees, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable license under all copyrights, patents, trademarks, privacy and publicity rights, and other intellectual property rights you own or control, display, reproduce, transmit, distribute, exhibit, comment on, perform and otherwise exploit such Submissions, in whole or in part, in all media formats now known or hereafter devised for any and all purposes including news, advertising, promotional, entertainment, marketing, publicity, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.

 

3. Rules of Usage

a. You may not provide to or post on or through the Site any text, graphics, images, photographs, audio, video or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week.

b. You may not use any obscene, indecent, or offensive language or to provide to or post on or through the Site any text, graphics, images, photographs, audio, video or other material that is defamatory, abusive, harassing, threatening, or an invasion of right of privacy of another person. You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using the Site.

c. You may not use any sexually explicit language or to provide to or post on or through the Site any text, graphics, images, photographs, audio, video or other material that is sexually explicit.

d. You may not provide to or post on or through the Site any text, graphics, images, photographs, audio, video or other material that is encrypted, invades anyone’s privacy, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

e. You are responsible for ensuring that any text, graphics, images, photographs, audio, video or other material you submit to the Site does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owners of such rights.

f. You may not make commercial or other unauthorized use, by publication, distribution, caching, performance, re-transmission of material obtained through the Site, including without limitation the website content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by Aprons & Smocks and its affiliates.

g. You agree to not disrupt, attack, modify, overwhelm, reverse engineer, or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree to not interfere or impede with others’ use of the Site.

h. You may not attempt to gain access to the service provider’s servers by any means, including, without limitation, buy using administrator passwords or by acting as an administrator while using the Site or otherwise.

 

4. Indemnification

You agree to indemnify, defend, and hold us, our licensors, distributors, affiliates, service providers, employees, agents, representatives and other authorized users, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorney’s fees) which may arise from your Submissions, from your unauthorized use of material obtained through the Site, or from your breach of this Agreement, or from any such acts through your use of the Site. You shall use your best efforts to cooperate with us in the defense of a claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

5. Disclaimers

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO OUR SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

 

6. Limitations of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

7. Acceptance of Terms

By using the Site, you indicate your acceptance of our Terms of Use and Privacy Policy, your promise to comply with the representations you make and are contained in the Terms of Use and Privacy Policy, and your understanding of the scope of the limitations of the protections provided under the Terms of Use and Privacy Policy. If you do not agree to these policies, please do not use our Site. Your continued use of the Site following the posting of changes to our Terms of Use and Privacy Policy mean that you accept those changes.

 

Last modified January 11, 2019