Terms of Service
Terms
EFFECTIVE JUNE 27, 2016
1. INTRODUCTION AND ACCEPTANCE
These “Terms” apply to the Website controlled by Britt Von Decker, LLC or its affiliated entities (sometimes referred to as, “www.brittvondecker.com”, “us”, “we”, or “our”) where these Terms are posted (“Website”), whether accessed via personal computers, mobile devices or otherwise (collectively, (“Access Device”)).
CAREFULLY READ THESE TERMS AND APPLICABLE ADDITIONAL TERMS BEFORE USING THE WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS REQUIRE YOU TO GRANT US CERTAIN CONSENTS, RIGHTS AND LICENSES AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. BY USING THE WEB SITE, YOU AGREE TO THESE TERMS. DO NOT USE THE WEB SITE OR PARTICIPATE IN OUR CONTEST, SWEEPSTAKES, OR PURCHASE OUR PRODUCTS OR SERVICES AVAILABLE VIA THE WEB SITE IF YOU DO NOT AGREE. BY USING THE WEB SITE, YOU AGREE TO THESE TERMS.
These Terms are supported by good and valuable consideration that includes, without limitation, your use of the Website and the materials and information available there. In addition to these Terms, Britt Von Decker, LLC has established a Privacy Policy to explain how user information is collected and used by Britt Von Decker, LLC. A copy of this Privacy Policy can be found at: www.brittvondecker.com at the link entitled “Privacy.” By accessing or using the Website, you are also signifying your acknowledgement and agreement to Britt Von Decker, LLC’s Privacy Policy.
2. INTELLECTUAL PROPERTY
Trademarks.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Website are the registered and/or unregistered Trademarks of Britt Von Decker, LLC, or such other third party that may own the displayed Trademarks. Nothing contained on this Website or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Website without the written permission of Britt Von Decker, LLC or such other third party that may own the displayed Trademarks.
Site Contents and Copyright.
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Website (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or redistribution, nor may Content be modified, processed, or reposted to other websites. Access to and uses of this Website are solely for your purchase of Britt Von Decker, LLC products for personal use, information, education and communication with Britt Von Decker, LLC. You may download, copy or print the Content of this Website for your personal non-commercial use only. No right, title or interest in any of the Content of this Website is transferred to you as a result of any downloading, copying, printing or use of this Website. All rights not expressly granted to you by these Terms are reserved.
3. WEB SITE ACCESS, CONTENT AND PROHIBITED USES
Access to and uses of this Website are solely for your purchase of Britt Von Decker, LLC products for personal use, information, entertainment, and communication with Britt Von Decker, LLC. You may not circumvent, disable or otherwise interfere with security-related features of the Website, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content. You may notreproduce, distribute, publicly display, publicly perform, create derivative works, publish, transmit Content or any element of the Website, except as permitted by these Terms.
You may not rely on any information and opinions expressed on the Website for any other purpose than permitted by these Terms. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
You are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Website, other websites, or the Internet. We reserve the right to terminate your account or otherwise deny you access to the Website in our sole discretion for any or no reason without notice and without liability.
4. CONDITIONS FOR THIRD-PARTY LINKING TO WEB SITE
In limited circumstances, we may permit third-party links to the Website home page from any website that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as the website where the link resides, and all other locations to which such website links, comply with all applicable laws. All of our rights and remedies are expressly reserved. Notwithstanding anything to the contrary contained in these Terms or applicable Additional Terms, we reserve the right to prohibit linking to the Website for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Although third-party links may be posted on this Website, the posting of those links or associated content does not constitute Britt Von Decker, LLC’s endorsement of such material. Similarly, although third-party products and services may be sold or purchased via links on this Website, the sale and purchase of those products and services does not constitute Britt Von Decker, LLC’s endorsement of the same. Britt Von Decker, LLC is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, direct, indirect, incidental, consequential or punitive damages, personal injury, or wrongful death in connection with third-party websites, content, or products and services.
The websites associated with third-party links on this Website may be located in different countries, and those websites and the products or services offered on those websites are likely to be subject to the hosting country’s regulatory or product requirements. Please review carefully the third party's terms and conditions, policies and practices, and make sure you understand them before you engage in any such third-party transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
5. USER REGISTRATION
In order to access or use some (or potentially all) of the features of the Website, you may have to become, and remain opted-in as a registered user. If you are under the age of eighteen (13), then you are not permitted to register as a user or otherwise submit personal information to Britt Von Decker, LLC.
Under these Terms, you agree to: (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your Access Device; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to your account or the Website at: britt@brittvondecker.com; (f) not sell, transfer or assign your username and password; and (g) accept sole responsibility for all activities that occur under your username and password, whether or not you have authorized the activity.
6. USER CONTENT AND PERSONAL INFORMATION
Your participation in any giveaway, contest, or game, and acceptance of any prize shall, unless prohibited by law, also constitute a grant to Britt Von Decker, LLC of the right to verify correctness of registration and services eligibility requirements, print, publish, broadcast and use, worldwide, in any media now known or hereafter discovered and at any time, personal information such as your name, address, picture, voice, likeness and/or biographical information for compliance and promotional purposes without additional compensation and without additional consent.
The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. The rights granted by us may be terminated, revoked or rescinded and are subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to: Britt Von Decker, LLC, 401 W Fullerton Ave, Apt 1401E Chicago, IL, 60603.
7. MOBILE
The Website may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (b) the ability to access the Website from your mobile phone (Mobile Web) (collectively, the "Mobile Services"). We do not charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will still apply. Certain Mobile Services may be incompatible with your carrier or mobile device. By using the Mobile Services you agree that we may communicate with you regarding the Website and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the Website to reflect this change.
8. INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD BRITT VON DECKER, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEB SITE OR BREACH OF THESE TERMS. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations under these Terms.
9. COOKIE AND TRACKING TECHNOLOGY NOTICE AND DISCLAIMERS
THIS WEB SITE USES COOKIES AND MAY ALSO USE THE SERVICES OF THIRD-PARTY PROVIDERS THAT DEPLOY COOKIES AND OTHER TRACKING TECHNOLOGIES IN CONNECTION WITH THEIR SERVICES. BY USING THE WEB SITE, YOU CONSENT TO THE PLACEMENT OF COOKIES ON ANY ACCESS DEVICE USED TO ACCESS OUR WEB SITE AND CONSENT TO THE USE OF TRACKING TECHNOLOGIES USED BY US OR OUR THIRD-PARTY SERVICE PROVIDERS.
THE WEB SITE AND CONTENT PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS” AND “WITH ALL FAULTS.” BRITT VON DECKER, LLC MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, CONTENT ACCURACY, APPROPRIATENESS, AVAILABILITY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEB SITE OR CONTENT, OR PERFORMANCE OF THIS WEB SITE, THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, OR FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEB SITE OR ACCESSED THROUGH THE WEB SITE OR OUR MOBILE DEVICE APPLICATION. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE WEB SITE, AND BRITT VON DECKER, LLC MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS WEB SITE IS COMPATIBLE WITH YOUR ACCESS DEVICE OR FREE FROM ERROR OR VIRUSES. NO BRITT VON DECKER, LLC EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW; BRITT VON DECKER, LLC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ITS CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION ON LIABILITY
YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE: (1) THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEB SITE; AND (3) THAT BRITT VON DECKER, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR WEB SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF BRITT VON DECKER, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BRITT VON DECKER, LLC’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ OR SUPPLIERS’ TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS WEB SITE EXCEED TEN ($10) DOLLARS.
FURTHERMORE, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEB SITE, THESE TERMS OR APPLICABLE ADDITIONAL TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. FAILURE TO BRING THE CLAIM OR CAUSE OF ACTION WITHIN THE ONE (1) YEAR PERIOD SHALL RESULT IN THE CLAIM OR CAUSE OF ACTION BEING PERMANENTLY BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BRITT VON DECKER, LLC, ITS PARENT’S, SUBSIDIARIES’, AFFILIATES’, AGENTS’, BUSINESS PARTNERS’ LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
11. TERMINATION
We reserve the right in our sole discretion and at any time to terminate or suspend your registration or block your access to the Website for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms or applicable Additional Terms. You agree that Britt Von Decker, LLC shall not be liable to you or any third party for any termination or suspension of your registration or for blocking your access to the Website.
If you become a registered user, you may terminate your registration at any time by sending an e-mail to britt@brittvondecker.com.
Any suspension or termination shall not affect your obligations under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your account or these Terms shall survive, including, without limitation, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, and all of the miscellaneous provisions. Upon suspension or termination of your Account, you will immediately discontinue use of the Website Content and destroy any copies of Website Content in your possession, including deleting any downloaded Website Content from your Access Device.
12. COPYRIGHT DISPUTE POLICY
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is Britt Von Decker, LLC’s outside counsel. The agent can be reached at (312) 606-8654, jowen@chapmanspingola.com, or via U.S. Mail at John Owen, Chapman Spingola, LLP 190 S LaSalle St Suite 3850 Chicago, IL 60603.
To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. Britt Von Decker, LLC will remove or disable access to the content that is alleged to be infringing;
2. Britt Von Decker, LLC will forward the written notification to the alleged infringer; and
3. Britt Von Decker, LLC will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Britt Von Decker, LLC, the alleged infringer will have the opportunity to respond to Britt Von Decker, LLC with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Britt Von Decker, LLC’s designated copyright agent, and must include the following:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Britt Von Decker, LLC may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
13. CHOICE OF LAW; JURISDICTION AND VENUE
These Terms shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules. Any legal proceedings against Britt Von Decker, LLC that may arise out of, relate to, or be in any way connected with our Website, these Terms or applicable Additional Terms, shall be brought exclusively in the state and federal courts located in Cook County, Illinois and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
14. AMENDMENT AND ADDITIONAL TERMS
We reserve the right to modify, change, or add terms, or features of the Mobile App or Website at any time, and at our sole discretion. Our sweepstakes and contests will be subject to additional rules, conditions and terms (“Additional Terms” or “Official Rules”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms and will become effective from the date they are posted on the Mobile Apps or Website. To the extent any Additional Terms conflict with these Terms, the Additional Terms will control.
15. MISCELLANEOUS
Events Beyond Our Control.
You expressly release Britt Von Decker, LLC from any claim of harm resulting from a cause beyond our control, including, without limitation, failure of electronic or mechanical equipment or communication lines, Access Devices, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions.
Consent to Electronic Communications.
By registering via this Website or by sending e-mails or text messages to us, you are communicating with us electronically. And in doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail, text message, or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Severability.
If any one or more of the provisions contained in this Agreement, Privacy Policy, Mobile Text Disclosure, Additional Terms, or the Official Rules shall for any reason be found to be invalid, illegal or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law, provided that such severance does not alter the fundamental benefit of the bargain to either party.
Entire Agreement and Conflicting Terms.
This Agreement, Privacy Policy, Mobile Text Disclosure, Additional Terms, or the Official Rules as referenced in these Terms, constitute the complete and exclusive agreement between you and Britt Von Decker, LLC with respect to use of this Website and supersedes any and all prior or contemporaneous communications, representations, statements, agreements and understandings, whether in oral, written or electronic form, between you and Britt Von Decker, LLC concerning the use of this Website, Mobile Applications, the Services and the Sweepstakes. This Agreement, Privacy Policy, Mobile Text Disclosure, Additional Terms, or the Official Rules shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the Official Rules shall control over all others.
No Assignment or Third Party Beneficiaries.
These Terms may not be assigned by you to anyone. No provision of this Agreement is intended to create, or creates, any rights in or benefits to any third party.