Last Modified: 7/30/20
Acceptance of the Terms of Use
These terms of use are entered into by and between You and 321 Design
LLC (“321 Design,” “we,” or “us”). The following terms and conditions,
together with any documents they expressly incorporate by reference
(collectively, “Terms of Use”), govern your access to and use of
321Sensorypaths.com (the “Website”), including any content,
functionality, products and services offered on or through the Website
(the “Services”), whether as a guest or a registered user.
Please
read the Terms of Use carefully before you start to use the Services. By
using the Services or by clicking to accept or agreeing to the Terms of
Use when this option is made available to you, you accept and agree to
be bound and abide by these Terms of Use and our Privacy Policy,
incorporated herein by reference. If you do not want to agree to these
Terms of Use or the Privacy Policy, you must not access or use the
Services.
321 Design LLC will not be responsible for any injury to
consumers that results from any use of a product purchased through the
Services. This includes injuries that may result from both the proper
use and/or misuse of products purchased from our Services.
The
Services are offered and available to users who are 18 years of age or
older, and reside in the United States or any of its territories or
possessions, and have the capacity to enter into a binding contract. By
using the Services, you represent and warrant that you are of legal age
to form a binding contract with 321 Design and meet all of the
foregoing eligibility requirements. If you do not meet all of these
requirements, you must not access or use the Services.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our
sole discretion. All changes are effective immediately when we post
them, and apply to all access to and use of the Services thereafter.
However, any changes to the dispute resolution provisions set out in
Governing Law and Jurisdiction will not apply to any disputes for which
the parties have actual notice on or before the date the change is
posted on the Services.
Your continued use of the Services following
the posting of revised Terms of Use means that you accept and agree to
the changes. You are expected to check this page frequently when you
access the Services so you are aware of any changes, as they are binding
on you.
Accessing the Services and Account Security
We reserve
the right to withdraw or amend the Services, and any service, product,
or material we provide on the Services, in our sole discretion without
notice. We will not be liable if for any reason all or any part of the
Services is unavailable at any time or for any period. From time to
time, we may restrict access to some parts of the Services, or the
entire Services, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Services.
Ensuring that all persons who access the Services through your internet
connection are aware of these Terms of Use and comply with them.
To
access the Services or some of the resources it offers, you may be
asked to provide certain registration details or other information. It
is a condition of your use of the Services that all the information you
provide on the Services is correct, current, and complete. You agree
that all information you provide to register with the Services or
otherwise, including, but not limited to, through the use of any
interactive features on the Services, are governed by our Privacy
Policy, and you consent to all actions we take with respect to your
information consistent with our Privacy Policy.
If you choose, or
are provided with, a user name, password, or any other piece of
information as part of our security procedures, you must treat such
information as confidential, and you must not disclose it to any other
person or entity. You also acknowledge that your account is personal to
you and agree not to provide any other person with access to the
Services or portions of it using your user name, password, or other
security information. You agree to notify us immediately of any
unauthorized access to or use of your user name or password or any other
breach of security. You also agree to ensure that you exit from your
account at the end of each session. You should use particular caution
when accessing your account from a public or shared computer so that
others are not able to view or record your password or other personal
information.
We have the right to disable any user name, password,
or other identifier, whether chosen by you or provided by us, at any
time in our sole discretion for any or no reason, including if, in our
opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Services and its entire contents, features, and functionality
(including but not limited to all information, software, text, displays,
images, video, and audio, and the design, selection, and arrangement
thereof) are owned by the 321 Design, its licensors, or other providers
of such material and are protected by United States and international
copyright, trademark, patent, trade secret, and other intellectual
property or proprietary rights laws.
These Terms of Use permit you
to use the Services for your personal, non-commercial use only. You must
not reproduce, distribute, modify, create derivative works of, publicly
display, publicly perform, republish, download, store, or transmit any
of the material on our Services, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of
the Website for your own personal, non-commercial use and not for
further reproduction, publication, or distribution.
If we provide
desktop, mobile, or other applications for download, you may download a
single copy to your computer or mobile device solely for your own
personal, non-commercial use, provided you agree to be bound by our end
user license agreement for such applications.
If we provide social
media features 321sensorypaths.com, with certain content, you may take
such actions as are enabled by such features.
You must not:
Modify copies of any materials from this Services.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the
Services or any of the Services or materials available through the
Website.
If you wish to make any use of material on the Services
other than that set out in this section, please address your request to:
sensoryexpert@321sensorypaths.com
If you print, copy, modify,
download, or otherwise use or provide any other person with access to
any part of the Services in breach of the Terms of Use, your right to
use the Services will stop immediately and you must, at our option,
return or destroy any copies of the materials you have made. No right,
title, or interest in or to the Services or any content on the Services
is transferred to you, and all rights not expressly granted are reserved
by 321 Design. Any use of the Services not expressly permitted by these
Terms of Use is a breach of these Terms of Use and may violate
copyright, trademark, and other laws.
Trademarks
The
321 Design name, the terms 321 Design, Sensory Paths, 321 Design logo,
and all related names, logos, product and service names, designs, and
slogans are trademarks of 321 Design or its affiliates or licensors. You
must not use such marks without the prior written permission of 321
Design. All other names, logos, product and service names, designs, and
slogans on this Services are the trademarks of their respective owners.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
In any way that violates any applicable federal, state, local, or
international law or regulation (including, without limitation, any laws
regarding the export of data or software to and from the US or other
countries).
For the purpose of exploiting, harming, or attempting to
exploit or harm minors in any way by exposing them to inappropriate
content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any
material that does not comply with the Content Standards set out in
these Terms of Use.
To transmit, or procure the sending of, any
advertising or promotional material without our prior written consent,
including any “junk mail,” “chain letter,” “spam,” or any other similar
solicitation.
To impersonate or attempt to impersonate 321 Design, a
321 Design employee, another user, or any other person or entity
(including, without limitation, by using email addresses or screen names
associated with any of the foregoing).
To engage in any other
conduct that restricts or inhibits anyone’s use or enjoyment of the
Services, or which, as determined by us, may harm 321 Design or users of
the Services, or expose them to liability.
Additionally, you agree not to:
Use any product in a way that may create a substantial risk of harm to any individual.
Use the Services in any manner that could disable, overburden, damage,
or impair the Services or interfere with any other party’s use of the
Services, including their ability to engage in real time activities
through the Services.
Use any robot, spider, or other automatic
device, process, or means to access the Services for any purpose,
including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the
Services, or for any other purpose not expressly authorized in these
Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or
disrupt any parts of the Services, the server on which the Services are
stored, or any server, computer, or database connected to the Services.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
User Contributions
The Services may contain message boards, chat rooms, personal web pages
or profiles, forums, bulletin boards, twitter account and pinterest
boards, and other interactive features (collectively, “Interactive
Services”) that allow users to post, submit, publish, display, or
transmit to other users or other persons (hereinafter, “post”) content
or materials (collectively, “User Contributions”) on or through the
Services.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Services will be considered
non-confidential and non-proprietary. By providing any User Contribution
on the Services, you grant us and our affiliates and service providers,
and each of their and our respective licensees, successors, and assigns
the right to use, reproduce, modify, perform, display, distribute, and
otherwise disclose to third parties any such material for any purpose
according to your account settings.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have
the right to grant the license granted above to us and our affiliates
and service providers, and each of their and our respective licensees,
successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User
Contributions you submit or contribute, and you, not 321 Design, have
full responsibility for such content, including its legality,
reliability, accuracy, and appropriateness.
We are not responsible
or liable to any third party for the content or accuracy of any User
Contributions posted by you or any other user of the Services.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem
necessary or appropriate in our sole discretion, including if we believe
that such User Contribution violates the Terms of Use, including the
Content Standards, infringes any intellectual property right or other
right of any person or entity, threatens the personal safety of users of
the Services or the public, or could create liability for 321 Design.
Disclose your identity or other information about you to any third
party who claims that material posted by you violates their rights,
including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral
to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any
or no reason, including without limitation, any violation of these
Terms of Use.
Without limiting the foregoing, we have the right to
cooperate fully with any law enforcement authorities or court order
requesting or directing us to disclose the identity or other information
of anyone posting any materials on or through the Services. YOU WAIVE
AND HOLD HARMLESS 321 DESIGN AND ITS AFFILIATES, LICENSEES, AND SERVICE
PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY 321 DESIGN
AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF,
INVESTIGATIONS BY 321 DESIGNS OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted
on the Services, and cannot ensure prompt removal of objectionable
material after it has been posted. Accordingly, we assume no liability
for any action or inaction regarding transmissions, communications, or
content provided by any user or third party. We have no liability or
responsibility to anyone for performance or nonperformance of the
activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use
of Interactive Services. User Contributions must in their entirety
comply with all applicable federal, state, local, and international laws
and regulations. Without limiting the foregoing, User Contributions
must not:
Contain any material that is defamatory, obscene,
indecent, abusive, offensive, harassing, violent, hateful, inflammatory,
or otherwise objectionable.
Promote sexually explicit or
pornographic material, violence, or discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and
privacy) of others or contain any material that could give rise to any
civil or criminal liability under applicable laws or regulations or that
otherwise may be in conflict with these Terms of Use and our Privacy
Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
If you believe that any User Contributions violate your copyright,
please see our Copyright Policy for instructions on sending us a notice
of copyright infringement. It is the policy of 321 Design to terminate
the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Services is made available
solely for general information purposes. We do not warrant the accuracy,
completeness, or usefulness of this information. Any reliance you place
on such information is strictly at your own risk. We disclaim all
liability and responsibility arising from any reliance placed on such
materials by you or any other visitor to the Services, or by anyone who
may be informed of any of its contents.
The Services may include
content provided by third parties, including materials provided by other
users, bloggers, and third-party licensors, syndicators, aggregators,
and/or reporting services. All statements and/or opinions expressed in
these materials, and all articles and responses to questions and other
content, other than the content provided by 321 Design, are solely the
opinions and the responsibility of the person or entity providing those
materials. These materials do not necessarily reflect the opinion of 321
Design. We are not responsible, or liable to you or any third party,
for the content or accuracy of any materials provided by any third
parties.
Changes to the Services
We may update the
content on the Services from time to time, but its content is not
necessarily complete or up-to-date. Any of the material on the Services
may be out of date at any given time, and we are under no obligation to
update such material.
Information About You and Your Visits to the Services
All information we collect on the Services is subject to our Privacy
Policy. By using the Services, you consent to all actions taken by us
with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
All purchases through our Services or other transactions for the sale
of goods, or services, or information formed through the Services, or
resulting from visits made by you, are governed by our Terms of Sale,
which are hereby incorporated into these Terms of Use.
Additional
terms and conditions may also apply to specific portions, services, or
features of the Services. All such additional terms and conditions are
hereby incorporated by this reference into these Terms of Use.
Linking to the Services and Social Media Features
You may link to our homepage, provided you do so in a way that is fair
and legal and does not damage our reputation or take advantage of it,
but you must not establish a link in such a way as to suggest any form
of association, approval, or endorsement on our part without our express
written consent.
The Services may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Services.
Send emails or other communications with certain content, or links to certain content, on the Services.
Cause limited portions of content on the Services to be displayed or
appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely
with respect to the content they are displayed with, and otherwise in
accordance with any additional terms and conditions we provide with
respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Services or portions of it to be displayed on, or appear to
be displayed by, any other site, for example, framing, deep linking, or
in-line linking.
Link to any part of the Services other than the homepage.
Otherwise take any action with respect to the materials on the Services
that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain
content accessible, must comply in all respects with the Content
Standards set out in these Terms of Use.
You agree to cooperate with
us in causing any unauthorized framing or linking immediately to stop.
We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Services
If the Services contain links to other sites and resources provided by
third parties, these links are provided for your convenience only. This
includes links contained in advertisements, including banner
advertisements and sponsored links. We have no control over the contents
of those sites or resources, and accept no responsibility for them or
for any loss or damage that may arise from your use of them. If you
decide to access any of the third-party websites linked to the Services,
you do so entirely at your own risk and subject to the terms and
conditions of use for such websites.
Geographic Restrictions
The owner of the Services is based in the State of Ohio in the United
States. We provide the Services for use only by persons located in the
United States. We make no claims that the Services or any of its content
is accessible or appropriate outside of the United States. Access to
the Services may not be legal by certain persons or in certain
countries. If you access the Services from outside the United States,
you do so on your own initiative and are responsible for compliance with
local laws.
Disclaimer of Warranties
You understand
that we cannot and do not guarantee or warrant that files available for
downloading from the internet or the Services will be free of viruses
or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and
output, and for maintaining a means external to our Services for any
reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW,
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL
MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS,
DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR
ANY SERVICES, PRODUCTS, OR ITEMS OBTAINED THROUGH THE SERVICES OR TO
YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED
TO IT.
YOUR USE OF THE SERVICES, SERVICES, ITS CONTENT, AND ANY
SERVICES, PRODUCTS, OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR
OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER 321 DESIGN NOR ANY PERSON ASSOCIATED WITH 321 DESIGN MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT
LIMITING THE FOREGOING, NEITHER 321 DESIGN NOR ANYONE ASSOCIATED WITH
321 DESIGN REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE,
RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED,
THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, 321
DESIGN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR
PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL 321 DESIGN, ITS
AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE
SERVICES, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO IT,
ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF
BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF
DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF
CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of
liability set out above does not apply to liability resulting from our
gross negligence or willful misconduct or death or bodily injury caused
by products you purchase through the site.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless 321 Design, its
affiliates, licensors, and service providers, and its and their
respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors, and assigns from and against any
claims, liabilities, damages, judgments, awards, losses, costs,
expenses, or fees (including reasonable attorneys’ fees) arising out of
or relating to your violation of these Terms of Use or your use of the
Services, including, but not limited to, your User Contributions, any
use of the Services’ content and stickers other than as expressly
authorized in these Terms of Use, or your use of any information
obtained from the Services.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Use, and any
dispute or claim arising therefrom or related thereto (in each case,
including non-contractual disputes or claims), shall be governed by and
construed in accordance with the internal laws of the State of Ohio
without giving effect to any choice or conflict of law provision or rule
(whether of the State of Ohio or any other jurisdiction).
Any legal
suit, action, or proceeding arising out of, or related to, these Terms
of Use or the Services shall be instituted exclusively in the federal
courts of the United States or the courts of the State of Ohio, in each
case located in the City of Cincinnati and Hamilton County, although we
retain the right to bring any suit, action, or proceeding against you
for breach of these Terms of Use in your country of residence or any
other relevant country. You waive any and all objections to the exercise
of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At 321 Design’s sole discretion, it may require You to submit any
disputes arising from these Terms of Use or use of the Services,
including disputes arising from or concerning their interpretation,
violation, invalidity, non-performance, or termination, to final and
binding arbitration under the Rules of Arbitration of the American
Arbitration Association applying Ohio law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO
THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION
OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by 321 Design of any term or condition set out in these Terms
of Use shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of
321 Design to assert a right or provision under these Terms of Use
shall not constitute a waiver of such right or provision.
If any
provision of these Terms of Use is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal, or unenforceable for any
reason, such provision shall be eliminated or limited to the minimum
extent such that the remaining provisions of the Terms of Use will
continue in full force and effect.
Entire Agreement
The Terms of Use, and our Privacy Policy, and Terms of Sale, and LIST OTHER RELEVANT DOCUMENTS OR POLICIES constitute the sole and entire agreement between you and 321 DESIGN regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Your Comments and Concerns
The Services are operated by 321 DESIGN LLC, 3914 Eileen Dr., Cincinnati, OH 45209.
All notices of copyright infringement claims should be sent to the
copyright agent designated in our Copyright Policy in the manner and by
the means set out therein.
All other feedback, comments, requests
for technical support, and other communications relating to the Services
should be directed to: sensoryexpert@321sensorypaths.com
