3. Age Requirement for Registered Users. You must be 13 years of age or older to register as a user on this site.
5. Forums and Chat and Other Use.
a. You are welcome to post, transmit or submit messages (collectively "Messages") to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively "Forums"). Kelsi Dagger Brooklyn accepts no responsibility whatsoever in connection with or arising from such Messages. Kelsi Dagger Brooklyn does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by Kelsi Dagger Brooklyn prior to posting and do not necessarily reflect the opinions or policies of Kelsi Dagger Brooklyn. Kelsi Dagger Brooklyn makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Kelsi Dagger Brooklyn reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
b. Kelsi Dagger Brooklyn assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Kelsi Dagger Brooklyn chooses, in its sole discretion, to monitor the Forums, Kelsi Dagger Brooklyn nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Kelsi Dagger Brooklyn accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of this Site by any other person.
c. Only registered users may post messages or participate in Forums on this Site.
d. You agree that any Message whatsoever submitted by you becomes the property of Kelsi Dagger Brooklyn and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as Kelsi Dagger Brooklyn sees fit.
e. If you have uploaded a photo or avatar, you understand and agree that it may be displayed throughout the Site and will be visible in many instances to all other users of or visitors to the Site.
f. You may not access the site by use of bots, intelligent-agent software, or similar means.
g. You may not interfere with or disrupt the normal or usual operation of the Site or servers or networks connected to the Site.
6. Links. This Site may include links to other Internet sites solely as a convenience to users. Kelsi Dagger Brooklyn does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Kelsi Dagger Brooklyn makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user’s own risk.
7. Submissions. If at our request, or on your own accord, you send certain specific submissions (e.g., postings to chats, surveys, message boards, contests, or similar items) or you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the "Submissions") shall be deemed and shall remain the property of Kelsi Dagger Brooklyn in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, Kelsi Dagger Brooklyn the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for the full term of any copyright, trademark or patent that may exist in such material for any purpose that Kelsi Dagger Brooklyn chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called "moral rights" in all Submissions. The sender further waives the right to make any claims against Kelsi Dagger Brooklyn relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
8. Communications. You agree that you or your activities on this Site (including without limitation submission of any Messages to Forums or any uploading or communication of content to or on the Site) will not:
a. infringe Kelsi Dagger Brooklyn’s or any third party's copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy (and by submitting Messages to Forums, you represent to Kelsi Dagger Brooklyn that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner);
b. constitute (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for Kelsi Dagger Brooklyn or cause Kelsi Dagger Brooklyn to lose (in whole or in part) the services of our ISPs or other suppliers;
c. transmit content Kelsi Dagger Brooklyn considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically or otherwise objectionable;
d. impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate or misleading;
e. unless specifically authorized by us, are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations, including "spam" or any other form of solicitation or promotion, or link to, directly or indirectly, any sites that violate the restrictions set forth in this Section 7;
f. contain any virus or other harmful component or otherwise disrupt the normal flow of communication in or operation of the Forums in any way; or
g. are libelous, or an invasion of privacy or publicity rights or any other third party rights.
9. Disclaimer of Warranties. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ROCKET DOG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Kelsi Dagger Brooklyn DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROCKET DOG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OWNERSHIP, OR OTHERWISE. YOU (AND NOT ROCKET DOG) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ROCKET DOG BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE OR ANY OTHER INTERACTIONS WITH ROCKET DOG, EVEN IF ROCKET DOG OR ANY Kelsi Dagger Brooklyn AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Kelsi Dagger Brooklyn ‘s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS SITE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM) OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
12. Termination. You agree that Kelsi Dagger Brooklyn, in its sole discretion, may terminate any account (or any part thereof) you may have with us or use of this Site and remove and discard all or any part of your account or any Submissions, for any reason whatsoever in Kelsi Dagger Brooklyn’s sole discretion. Kelsi Dagger Brooklyn may also in its sole discretion and at any time discontinue providing access to this Site, or any part thereof, with or without notice. You agree that any termination of your access to this Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Kelsi Dagger Brooklyn shall not be liable to you or any third-party for any such termination.
13. Digital Millennium Copyright Act (DMCA) Policy and Copyright Agent. Kelsi Dagger Brooklyn respects the intellectual property rights of others and expects its users to do the same. Kelsi Dagger Brooklyn may remove content that in its sole discretion appears to infringe the intellectual property rights of others. In addition, Kelsi Dagger Brooklyn, in its sole and absolute discretion, may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that a user of the Site has infringed your intellectual property rights, please notify Kelsi Dagger Brooklyn’s copyright agent and provide the following information:
a. A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.
b. An identification of the intellectual property claimed to have been infringed.
c. A detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears.
d. Your address, telephone number, and email address.
e. A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.
f. A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
Kelsi Dagger Brooklyn’s copyright agent is and can be reached as set forth below:
COPYRIGHT NOTIFICATIONS ONLY:
Nixon Peabody LLP
Attn.: Marlene Williams
One Embarcadero Center, Suite 3200
San Francisco, CA 94111
14. Good Samaritan Third-Party Content Policy & Complaint Procedures a. Policy. It is our policy not to tolerate any acts of intellectual property infringement or violations of U.S. law or to allow for any child pornography or obscene or defamatory material to be posted at this site. We will user our reasonable efforts, in good faith, to remove, disable or restrict access to or the availability of material that, in our subjective view, is infringing, racist, obscene, obscene to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this Section 14 are intended to implement this policy but are not intended to impose a contractual obligation on us to undertake, or refrain from undertaking, any particular course of conduct.
b. Complaint Procedures. If you believe that someone has posted material which violates this policy (other than in cases of copyright infringement, which is addressed in Section 13), we ask you to promptly notify us by email at the following address: email@example.com with the subject line: Good Samaritan Complaint. You must use this address and subject line if you want to ensure that your complaint is actually received by the appropriate person charged with investigating alleged policy violations.
In order to allow us to respond effectively, please provide us with as much detail as possible, including: (1) the nature of the right infringed or violated (including the registration numbers of any registered trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending material is located; (4) any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if know, the identify of the person or persons who posted the infringing or offending material.
c. Indemnification / Waiver of Certain Rights. By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of California. In addition, you agree, at your own expense, to defend and indemnify us and hold us harmless against all claims which may be asserted against us, and all losses incurred, as a result of your complaint and/or our response to it.
d. Waiver of Claims and Remedies. We expect visitors to take responsibility for their own actions and cannot assume liability for any acts of third-parties which take place at this site. By taking advantage of the Good Samaritan procedures set forth in this Section 13, you waive any and all claims or remedies which you might otherwise be able to assert against us under any theory of law (including, but not limited to, intellectual property laws) that arise out of or relate in any way to the material at this site or our response, or failure to respond, to a complaint.
e. Investigation / Liability Limitation. You agree that we have the right (but not the obligation) to investigate any compliant received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of material. We support free speech on the Internet and therefore will not act on complaints that we believe, in our subjective judgment, to be deficient. If you believe that material remains on this site that violates your rights, your sole remedy shall be against the person(s) responsible for posting or storing it, not against us.
15. Disputes; Arbitration
a. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site must be filed within one year after such claim or cause of action arose or be forever barred.
17. International Matters. Unless otherwise specified, the materials in this Site are presented solely for the purpose of promoting programs and other products available in the United States and its territories, possessions, and protectorates. Kelsi Dagger Brooklyn is controlled and operated from its United States offices in California. We make no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
18. Disclosures. The services hereunder are offered by Top Pick Global Inc. located at 126 West 9th Street Los Angeles, CA 90015. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
19. Typographical Errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge.
20. Refund and Return Policy. Only items purchased from the Kelsi Dagger Brooklyn Site can be returned through us. If you purchased a Kelsi Dagger Brooklyn product from a retail store, please return your purchase to that store.
a. To return a package, email our Retail Customer Service at firstname.lastname@example.org within 30 days of purchase with a copy of your receipt and an explanation of what you would like to return and why.
b. We may agree to refund your purchase price if we determine that we made an error in your order. In the event of a refund, we will refund your purchase price plus your original shipping costs, subject to your return of the merchandise. We will issue the refund to the credit card originally used, or if you ordered by mail with a check or money order, a refund check will be issued.
c. For all other return requests, for example, if you are dissatisfied with the fit or appearance of the merchandise, we may decide to grant a credit in the amount of the purchase price towards a future purchase at the Kelsi Dagger Brooklyn Site, subject to your return of the merchandise. If we decide to grant a credit, you will not receive any credit for the original shipping costs.
d. If we decide to issue a refund, we will respond to you by email with instructions how to ship the package to us. You are responsible for return shipping costs. All packages must be returned prepaid, whether we decide to issue a refund or credit. We will not accept any COD packages.
e. There are no refunds for international orders. In addition, we do not guarantee delivery for international orders.
21. Shipping & Handling; Risk of Loss. All of our orders are shipped on an FOB Origin basis, and you, as buyer, are responsible to pay for the any shipping and related handling charges for each order as determined at the date of actual pick-up by the transportation provider for the particular nature and scope of delivery. You agree to verify all transportation charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery, not expedited service (unless you request and pay for such premium delivery). Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only. Actual delivery dates and times may vary depending on the transportation provider; and Kelsi Dagger Brooklyn does not guarantee any particular delivery times. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier