Welcome to the Unvanilla Store website, located at http://store.unvanilla.com and operated by Unvanilla Incorporated. (the "Site"). These Terms of Service and Conditions ("Terms and Conditions") apply to use of the Site. Your use of the Site means that you agree to these Terms and Conditions and constitutes a binding agreement between you and Unvanilla. Do not use the Site if you do not agree to these Terms and Conditions in their entirety. References in these Terms and Conditionals to "Unvanilla," we," "us" or "our" mean Unvanilla Incorporated.
Merchandise and Purchases
Please keep in mind that while we might offer a variety of merchandise for sale on the Site, we cannot guarantee availability at a particular time; and certain merchandise available in our stores might not be available on the Site, and vice versa. We reserve the right to change our merchandise offerings, both in-store and online, at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility, of the Site from time to time in our discretion.
Except to the extent we permit purchases with gift cards, gift certificates, promotional or discount codes, or similar forms of payment, prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, and (iv) the date of expiration. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. Purchase transactions are subject to our company returns policies as they may be in effect from time to time; otherwise, all charges from sales are nonrefundable, and all merchandise purchases are final. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We assume that because purchases on the Site require a valid credit card, only persons over 12 are placing orders for gift cards, and providing us with the information requested during the gift card order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
The Site contains copyrighted material and other information proprietary to Unvanilla, its licensees and licensors, and other third parties. Except as otherwise permitted by law, you may not copy, modify, publish, distribute or otherwise exploit any content (including, but not limited to, text, logos, trademarks, trade names, service marks, images, graphics, photographs, video recordings, music, media, or software) on the Site (collectively, the “Content”) without the express consent of Unvanilla and any other relevant rights owner, except that you may download Content for your personal non-commercial use only, so long as you keep intact all of the copyright and other proprietary notices. The Site as a whole, and the arrangement of Content thereon, is copyrighted and owned by Unvanilla, and Unvanilla reserves all rights not expressly granted hereunder.
We take intellectual property rights seriously, and work hard to protect not only our own intellectual property rights, but also the intellectual property and similar rights of artists and others. If you believe that your copyright-protected work has been copied and posted on the Site constituting copyright infringement, you may provide our Support Department with: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written 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; (vi) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Here is the contact information:
245-M Mount Hermon Road, Suite 152
Scotts Valley, CA 95066
As used in these Terms and Conditions, "Forum" means an area, site, or feature (such as chat rooms, bulletin boards, and e-mail or instant messaging features) offered as part of the Site that enables visitors to submit, display and/or view content and/or to communicate, share or exchange content with other Site visitors and members of the general public. Any submission in connection therewith may be routed through our servers, third party servers on our behalf, and the Internet (where it may be viewed by the general public), so you may have no expectation of privacy with regard to any submitted content. Since we cannot guarantee security of information on a Forum, all use thereof is at your own risk.
We cannot be responsible for the accuracy of any user content contained in any Forum or otherwise on our Site.
There are two general purposes you might submit content to us via the Internet (or via other means). The first is in connection with a contest or other promotional activity. The second is in connection with a Forum. In the event you submit any content such as ideas, photographs or works of authorship in connection with any contest or promotion, in consideration of your entry therein you shall by your submission be deemed to have assigned to us all right, title and interest in the same you may have; and you agree to execute any further documentation to effect or memorialize such transfer.
In connection with submissions in connection with any Forum, we claim no ownership rights in any content (i.e., text, images, photos, video, sounds, or any other materials) that you post to the Site, except as otherwise provided herein. However, if you post any such content on any Forum on the Site and while such material is posted, you hereby grant us a limited, non-exclusive, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, sublicense and distribute such content (and any associated “moral rights” are hereby waived) in connection with our Site services. If terms other than the foregoing govern the submission of and our right to use content submitted in connection with a Forum or Site feature or activity (other than contests and the like, which shall be treated as describe above), such other terms shall be posted at the location of such feature or activity on the Site and shall supersede the foregoing license terms (provided in such instances all provisions of these Terms and Conditions other than the foregoing license shall continue to apply unless otherwise stated in the terms and conditions applicable to the particular Site feature or activity).
You represent and warrant that: (i) you own any content posted by you on the Site or otherwise submitted to us in connection with the Site or any offering thereunder, and have the right to grant the applicable license set forth herein, and (ii) posting and publishing any such content on or in connection with the Site or any offering thereunder does not violate any third-party intellectual property, publicity, privacy or contract rights. You shall not submit any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. The Forums shall be used only in a noncommercial manner.
We may delete any content provided by you at any time. And we may screen or monitor submitted content for legal or other purposes, though we have no obligation to do so.
This Site and all Content available on this Site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of accuracy, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge by your use of this Site that your use of this Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Site.
Under no circumstances, including but not limited to negligence, shall Unvanilla Incorporated be liable for any or consequential or other damages that result from the use of, or the inability to use, this Site, even if Unvanilla Incorporated or a Unvanilla Incorporated representative has been advised of the possibility of such damages (the foregoing being subject to any contrary provisions of applicable law). Unvanilla Incorporated expressly disclaims any liability in connection with your use of any Content derived from the Site.
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. All users agree that any legal actions related to the Site shall be brought and conducted in San Diego County, California, and users hereby consent to jurisdiction of such county. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding these Terms and Conditions, please contact our Support Department at:
245-M Mount Hermon Road, Suite 152
Scotts Valley, CA 95066
These Terms and Conditions were last modified in September 2008.