This agreement (hereinafter, the “Agreement”) between Flavor Shack S.A.R.L (hereinafter TFS “us” or “we”) and you sets forth the terms and conditions which govern your use of any of the TFS or TFS sponsored websites (hereinafter, the “Sites”) and/or the services (hereinafter, the “Services”) thereon which are provided by TFS.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY ACCESSING OR USING THE SITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. TFS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF ANY OF THE SITES AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT
TFS has a no refund policy once an order has been placed and paid for.
You may cancel your order 48 hours before the delivery date to schedule another day.
In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not:
- Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services;
- Access the Sites or Services by any means other than through the standard industry-accepted or TFSprovided interfaces;
- Transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;
- Impersonate any person or entity, including without limitation, anTFS official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
- Post or transmit any material that contains a virus or corrupted data; delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use of any Site or Service’s communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
- Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for anyTFS product or Service if you are not expressly authorized by such party to do so; or
- Use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair TFS’s servers or networks, or interfere with any other user’s use and enjoyment of the Sites and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to TFS through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.
Billing and Renewal Transactions and Policies
Certain products or Services may be offered for sale on the Site. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by TFS or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide TFS or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Some Services offered by TFS are subscription-based services. If you open a subscription-based account with TFS, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. TFS reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason.
Automatic Renewal Terms: Your subscription will be automatically renewed and your credit card will be automatically charged on a quarterly, monthly or weekly basis, depending upon the billing terms for your account, for as long as you remain a member. You agree that TFS will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged.
Your right to use the Service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating this Agreement and all TFS obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
Promotional discounts, gift cards, and e-certificates not valid towards subscription-based services.
TFS has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
Accounts, Passwords and Security
If the Site or Services require you to open an account, you must complete the registration process by providingTFS with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information toTFS which is untrue, inaccurate, not current or incomplete,TFS reserves the right to terminate this Agreement and your continued access and use of the Sites and/or the Services.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify TFS immediately of any unauthorized use of your account or any other breach of security. TFS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by TFS or another party due to someone else using your account or password.
Disclaimer Regarding Links
The links on the Site and/or Services will let you leave the particular Site or Service you are accessing in order to access a linked site (the “Linked Sites”).TFS provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has TFS reviewed or approved the content which appears on the Linked Sites.TFS is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree thatTFS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property ofTFS or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerningTFS or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Submission Materials”) or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to TFS shall be fully paid-up and royalty free. In addition, under no circumstances shall TFS have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of TFS business through a merger, sale or transfer of all or substantially all of the assets of TFS, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers.
None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on TFS’s part and we shall not be liable for any use or disclosure of any such Submission Materials.
Professional Advice Disclaimer
BTFS’S SITE DOES NOT PROVIDE MEDICAL OR COUNSELING ADVICE. NOTHING STATED OR POSTED ON OUR SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. OUR SITE IS CONTINUALLY UNDER DEVELOPMENT ANDTFS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT.
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that TFS, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Site or Services, and remove and discard any content within the Site, at any time and for any reason. You agree that any actions taken under this Section 19 may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
You agree to indemnify, defend, and hold TFS and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to TFS or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Site and/or the Services. This Section 17 shall survive in the event this Agreement is terminated for any reason.