Terms of Use

 

RECEIVE UPDATES

The website no242collection.com and the company No. 242 Collection LLC (hereinafter collectively referred throughout the website to as the “Site”, "no242collection.com" or "No. 242 Collection LLC"), advertises and sells upscale pet jewelry and accessories, and matching upscale human jewelry and accessories, for pets and their human companions. The Site may also allow visitors to upload and share photos of themselves and their jewelry-adorned pets (hereinafter “User Contributions”). Please read these Terms of Use carefully before using the Site. This Site is not directed to or intended for anyone under the age of 18. No242collection.com does not knowingly collect personal information from anyone under the age of 18. If you do not agree with all of the Terms of Use, do not use the Site. By using the no242collection.com website, you are agreeing to be bound by these Terms of Use.

No242collection.com reserves the right at any time to modify and/or discontinue, temporarily or permanently, the Site or Terms of Use (or any part thereof) with or without notice. Please check periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes acceptance of and agreement to those changes. You agree that no242collection.com shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site or Terms of Use.

This Site is for the personal use of individual Internet users, (“User” or “you”), and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Users are any and all visitors to the Site.

No242collection.com is hosted and conducted in the United States.

REGISTRATION

Registration with the Site for the purpose of receiving further information from no242collection.com, in the form of advertising newsletters by email, requires the submission of your name and email address. Should you choose to register with the Site, you agree that (a) you will provide true, accurate, current and complete information about yourself, and (b) timely update any and all registration data you provide to keep the information accurate, current and complete.

BILLING AND PAYMENT TERMS

Visitors to the Site who wish to purchase jewelry may do so by making payments through the use of authorize.net.

Once you are ready to make a purchase, and you have clicked on the “go to checkout” link, you will automatically be directed to the authorize.net website. You understand and acknowledge that no242collection.com does not control and is not responsible or liable for any information collected from, or presented on the authorize.net website. You understand and acknowledge that you assume all risk and responsibility arising from your use of any such third party websites or resources.

USE OF MATERIALS – COPYRIGHT AND TRADEMARK POLICIES

The Site and the content on the Site may only be used for your personal, non-commercial use.

Any and all materials available through the Site are the property of no242collection.com or are the property of a third party who has granted no242collection.com a license to use the materials, and may be protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the Site. You may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the Site in any form (including by e-mail or other electronic means), without prior written permission from the owner. You may encourage others to access the information themselves on the Site and to tell them how to find it.

You agree not to use the content of the Site for any illegal or improper purpose, nor for any purpose which might infringe the rights of others, or which might harass or cause distress to any person.

You agree to abide by all copyright notices and restrictions attached to the content and not to remove or alter any such notice or restriction or alter the content in any way.

No242collection.com does not want anyone to be confused as to which materials and services are provided by no242collection.com and which are not. You may not use any trademark or service mark appearing the Site without the prior consent of the owner of the mark.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner. No242collection.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users who infringe the rights of copyright holders on multiple occasions ("repeat offenders"). If you believe in good faith that content hosted by this Site infringes your copyright, you may send no242collection.com 's Copyright Agent a notice that the infringement content be removed, or access to it blocked. The notice must include the following information, as required by The Digital Millennium Copyright Act of 1998, ("DMCA") 17 U.S.C. Sec. 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to allow no242collection.com to locate the material;
  • The name, address, telephone number and email address (if available) of the complaining party;
  • A statement that the complaining party has 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
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Also, be aware that there may be penalties for false claims under the DMCA. We reserve the right to terminate the account of any User who commits copyright infringement.

No242collection.com’s copyright agent may be reached at

No. 242 Collection, LLC
Copyright Agent
303 S. Broadway, Suite 200-395
Denver, CO 80209
Phone: (303) 861-2420
info@no242collection.com

CONTRIBUTIONS BY VISITORS

Visitors to the Site may have the option to upload and post User Contributions. User Contributions include any user-posted photograph of pets and/or humans wearing No. 242 jewelry and corresponding caption for the photograph that is uploaded and contributed by each visitor. No242collection.com reserves the right, in its sole discretion, to refuse to post or to remove any User Contributions, and is not obligated to post any User Contributions.

  1. You understand that submission of User Contributions does not guarantee that such User Contributions will be posted on the Site. You also understand that no242collection.com does not guarantee any confidentiality with respect to any User Contributions, regardless of whether such User Contributions are posted or not posted on the Site.
  2. You understand that no242collection.com has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
  3. You understand that you, and not no242collection.com, are responsible for your own User Contributions and any consequences therein that may result from the posting of your own User Contributions. With regard to your own User Contributions, you confirm, represent, and/or warrant that: (i) you own or possess the required licenses, consents and/or permissions to use and permit no242collection.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Contributions to permit no242collection.com’s use of the User Contributions as part of the advertising for the Site and in accordance with these Terms of Use; and (ii) you possess the consent, release, and/or permission of each and every identifiable individual person and/or animal in the User Contributions to use the name, voice or likeness of each and every such identifiable individual person to permit no242collection.com’s use of the User Contributions as part of the advertising for the Site’s and in accordance with these Terms of Use.
  4. You agree that by submitting the User Contributions to no242collection.com, you hereby grant no242collection.com the non-exclusive, royalty-free license, with rights to transfer and sublicense, to use, reproduce, distribute, prepare derivative works of, display, and perform the User Contributions, or any portions, reproductions or versions thereof, throughout the world, in any and all media, now known or hereafter invented. You understand that this license grants no242collection.com the right to use the User Contributions for any purpose. You also agree that by submitting the User Contributions to no242collection.com, you hereby grant each visitor of the Site a non-exclusive, royalty-free license to access your User Contributions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Contributions as permitted through the functionality of the Site and under these Terms of Use.
  5. With regard to your User Contributions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret, otherwise subject to third party rights, is a trademark of a third party, is protected by the right of publicity and/or is protected by the right of privacy, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant no242collection.com all of the license rights granted herein; (ii) post or transmit falsehoods or misrepresentations that could damage no242collection.com or any third party or post information that may pose or create a privacy or security risk to no242collection.com or any third party; (iii) post or transmit any libelous, defamatory, scandalous, abusive, obscene, pornographic, threatening, harassing, hateful, racially or ethnically offensive material, or any material that encourages others to engage in conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post or transmit solicitations of business, advertising, or other commercial promotions; (v) post requests or solicitations for personal information or passwords from third parties; (vi) post or submit content that appears to be from another person or party; or (vii) post or submit content under a false name.
  6. No242collection.com does not guarantee the accuracy of any User Contributions and does not endorse or necessarily agree or disagree with any opinion, recommendation, or advice contained in the User Contributions. No242collection.com expressly disclaims any and all liability in connection with User Contributions. Copyright infringing activities and infringement of intellectual property rights on the Site is not permitted, and no242collection.com will remove all User Contributions if properly notified that such User Contributions infringe on another's intellectual property rights as indicated in the Copyright Policy in these Terms of Use. No242collection.com reserves the right to remove User Contributions without prior notice. No242collection.com may also terminate a visitor's access to the Site, if deemed necessary in the sole discretion of no242collection.com.
  7. Visitors to no242collection.com may be exposed to User Contributions from a variety of individuals and organizations other than no242collection.com. Responsibility for the posted photographs and captions on the Site lies with each visitor. You understand that no242collection.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Contributions. You further understand and acknowledge that User Contributions of others may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against no242collection.com with respect to such User Contributions. You agree to defend, indemnify and hold harmless no242collection.com and its owners and operators to the fullest extent allowed by law regarding all matters related to your use of the Site and your User Contributions.

LINKING

The Site may provide links to third party websites or related resources. You acknowledge and agree that no242collection.com does not endorse, and is not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. You understand and acknowledge that you assume all risk and responsibility arising from your use of any such websites or resources.

PRIVACY POLICY

Use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference.

INDEMNITY

You agree to indemnify and hold no242collection.com, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees and costs, arising out of or in connection with your access or use of the Site, your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or any violation of these Terms of Use or of any law or the rights of any third party.

DISCLAIMER OF WARRANTIES

The materials on the Site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, no242collection.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability or fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance. No242collection.com expressly disclaims any warranty that the functions contained in the materials appearing on the Site will be uninterrupted or free of errors, that defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful elements. No242collection.com makes no warranties or representations, express or implied, regarding the use of the materials appearing on the Site with regard to their correctness, reliability, accuracy, or otherwise. Neither no242collection.com nor its content providers shall be responsible or liable to any person, firm, or corporation for any loss, damage, injury, claim, or liability of any kind or character based on or resulting from any information contained on the Site.

The Site may be temporarily unavailable from time to time for maintenance or other reasons.

LIMITATIONS ON LIABILITY

Under no circumstances will no242collection.com, its officers, directors, employees and agents be liable to you or anyone else for any damages arising out of use of the Site, including, without limitation, liability for consequential, special, incidental, indirect or similar damages, even if we are advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. in such states, the liability of no242collection.com, its officers, directors, employees and agents, is limited to the fullest extent permitted by such state law). You agree that the liability of no242collection.com, its officers, directors, employees and agents, if any, arising out of any kind of legal claim in any way connected to no242collection.com will not exceed the amount, if any, you paid to purchase any good or service from the Site.

APPLICABLE LAW

These Terms of Use shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and no242collection.com that arises in whole or in part from the Site shall be decided exclusively by a state or federal court sitting in Colorado. You agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use, the Privacy Policy and/or your use of the Site shall be a state or federal court located in Denver, Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

These Terms of Use, and any other legal notices published by us on the Site, shall constitute the entire agreement between you and no242collection.com concerning the Site and the content on the Site.

If a court of competent jurisdiction deems any provision of these Terms of Use invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and no242collection.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

You further agree that the Site shall be deemed solely based in Colorado. Further, note that the Site is hosted and conducted in the United States.

 



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