Terms of Use

Last Modified: February 13, 2015

Welcome to the Thomas Wylde, LLC website (the “Site”). The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the “Terms”). Your use of the Site constitutes your agreement to follow and be bound by the Terms. We reserve the right to update or modify the Terms at any time without prior notice. Your use of the Site after any such modification shall be deemed your agreement to the modified Terms. For this reason, we encourage you to review the Terms whenever you use the Site. If you do not agree to the Terms, please do not use the Site. By using the Site, you represent and warrant that you are of legal age to form a binding contract or have the consent of a parent or guardian who is of legal age.

SITE TRANSACTIONS

By placing an order with us, you are (i) offering to purchase a product, (ii) representing that you are of legal age and capacity to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. If we make a change to or cancel an order, we will attempt to notify you.

All features, specifications, products, prices, discounts, promotions, and offers described on our Site are subject to change at any time, without notice. We have made every effort to accurately display the colors of our products, but we cannot guarantee that your computer will accurately display our colors. All prices displayed on the Site are in U.S. dollars unless otherwise noted. We will add applicable sales taxes and shipping fees as necessary. The risk of loss and title for product(s) purchased pass to you upon our delivery of the product(s) to the carrier.

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).

RIGHT TO CHANGE THE SITE

We reserve the right to modify or suspend the Site, or any service, content, feature or product offered through the Site, or terminate your right to access or use any portion of the Site, with or without notice, at any time in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension, or restriction of the Site or any portion thereof.

ACCESS TO AND USE OF THE SITE

You agree to access or use the Site solely for legal purposes as allowed by these Terms. Amongst other things, you agree not to:

hack into the Site, or modify another website so as to falsely imply that it is associated or affiliated with the Site;
damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Site;
violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
access or attempt to access any password-protected, secure or non-public areas of the Site without our express permission.

For any portion of the Site that requires a user name or password, you are responsible for all use of your account. The information that you submit must be accurate, and you may not share your account, username, or password with any other party or use the account, username, or password of any other party. You will be solely responsible for all activities undertaken and all obligations made by you or through your account.

To the extent that the Site allows you to link your account to various webmail, social networking, and other online accounts, you may only link your own accounts. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent, and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.

CONTENT

Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Thomas Wylde, LLC. The Thomas Wylde brand name and Henna Skull design are registered trademarks of Thomas Wylde, LLC. The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

Any third-party Content, products, or services posted on, transmitted through, or linked to from the Site are provided for are the sole responsibility of the third-party originator of such Content. If you choose to access any third-party Content, you do so at your own risk. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.

CONTENT YOU PROVIDE

We are pleased to hear from customers and welcome your comments regarding our products. To the extent the Site allows, you may post comments, images, videos, sounds, names, designs, or other information (collectively the “User Content”). The Site is publicly viewable and you should have no expectation of privacy or confidentiality in any User Content you post. You agree that any User Content you post will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right and will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third parties regarding the source of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.

By submitting User Content to the Site, you grant, and you represent and warrant that you have the right to grant, Thomas Wylde, LLC, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Content, for any purpose without restriction and without providing any attribution or compensation to you. If you do not want us to use your User Content, please do not post it to the Site.

PRIVACY

We respect the privacy of your personal information. Please view our Privacy Policy [hyperlink] for more information.

DISCLAIMER OF WARRANTIES AND LIMITATION ON DAMAGES

THE SITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, DISCLAIMING ALL WARRANTIES, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE.

IN DISPUTES ARISING FROM YOUR USE OF THE SITE OR YOUR USE OF THE PRODUCTS, WE WILL NOT BE LIABLE FOR ANYTHING OTHER THAN DIRECT DAMAGES (FOR EXAMPLE, EXCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES). THE TOTAL AMOUNT OF DAMAGES AWARDED TO YOU WILL ALSO BE LIMITED TO AMOUNTS PREVIOUSLY PAID BY YOU TO US.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNITY

You shall defend, indemnify, and hold harmless, Thomas Wylde, LLC, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, agents, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to (i) your use or misuse of the Site; (ii) violation of these Terms; (iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity; or (iv) any User Content you submitted. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

COPYRIGHT POLICY

We respect intellectual property rights and will remove or disable access to any material on the Site that infringes any copyright after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any content on the Site violates your copyright, please provide our copyright agent with the written information specified below:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
an description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

David Schnider
Schniderlaw
15165 Ventura Blvd., Ste 245
Sherman Oaks, CA 91403
david@schniderlaw.com

GENERAL LEGAL PROVISIONS
These Terms are governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, U.S.A., for all disputes arising out of or relating to accessing or using the Site. Access to or use of this Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys’ fees and costs.

If any provision in these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. All rights not expressly granted herein are hereby reserved. These Terms are the entire and final agreement regarding your access to the Services.