Introduction
Welcome to Divided® Clothing, Jeans, Sweatpants, Jacket, Shirts (referred to as “Divided”, “we” and “us”)!
These Terms and Conditions (“Terms”) govern your access to and use of our website located at divided.shop (the “Site”), as well as all related sites, applications, services and tools where these Terms are posted (collectively, the “Services”).
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of the Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
If you access or use the Services on behalf of someone else (such as your employer), you represent that you have the authority to bind that person to these Terms and that the person agrees to be bound by these Terms.
Use of Services
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. If you are under 18 years of age, then you may use the Services only with involvement of a parent or guardian.
Divided grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services solely for your own personal, non-commercial use. You agree not to access, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content or information contained on or obtained from or through the Services for commercial purposes.
You agree to abide by our published policies and guidelines concerning use of the Services. We reserve the right to refuse, restrict or disable your access to the Services or take other actions if you violate these Terms or if you misuse the Services.
Accounts and Registration
To access certain features of the Services you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide is accurate and that you will keep your account information up-to-date at all times.
When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately if you believe that someone has improperly obtained your password or is improperly using your account.
We reserve the right to terminate your account or place restrictions on your account if we determine you have violated these Terms, misused the Services, or behaved in a way that is threatening, inappropriate or offensive to our staff or other users.
User Content
The Services may permit you to upload or submit content, such as photos, videos, comments, and other materials (“User Content”). You retain full ownership of your User Content.
You grant Divided a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, and/or publicly perform your User Content in connection with the Services. This license is for the purpose of operating, developing, providing, promoting, and improving the Services.
You represent and warrant that you have all necessary rights and permissions to grant us the license to your User Content. You also represent and warrant that your User Content, and our use of the User Content as permitted by these Terms, will not infringe or violate the rights of any third party.
Divided has no obligation to monitor User Content, but we have the right to monitor User Content and to edit, restrict access to or remove User Content for any reason at our sole discretion. We reserve the right to remove any User Content for any reason, including User Content that we believe violates these Terms.
Prohibited Content and Uses
You agree not to upload, submit, or transmit any User Content or otherwise use the Services in a way that:
- Infringes any intellectual property rights or any other proprietary rights of any party;
- Contains anything defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable;
- Contains any viruses, Trojan horses, worms, time bombs, spiders, bots, malware, corrupted files or other similar software;
- Modifies, adapts, translates, or reverse engineers any portion of the Services;
- Removes or modifies any copyright, trademark or other proprietary rights notice on the Services;
- Attempts to interfere with, disrupt, impair, disable, overburden, or otherwise harm the Services;
- Violates any applicable law or regulation; or
- Assists or enables any of the above.
Payments and Billing
Some features of the Services may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees you will be charged. All fees are stated in United States Dollars.
You agree to pay all applicable fees for the Services you use. We may change our fees at any time and will notify you in advance of such changes.
When you register for certain paid services, you will be asked to provide a payment method, such as a credit card, to pay for those services. By providing a payment method, you authorize us to charge you for the services. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for ongoing purchases or subscription services. We will bill you through the payment method you provide at the time of purchase.
You are responsible for all costs and expenses associated with your payment method. To the fullest extent permitted by law, you are responsible for any taxes that may apply to your use of the Services.
Modifications to Services
We reserve the right to modify, suspend or discontinue the Services at any time with or without notice to you. We will not be liable for any modifications, suspension or discontinuance of the Services.
We may release the Services under a different version or release number. We reserve the right to modify or impose limits on certain features and services or restrict your access to parts or all of the Services. We will attempt to provide prior notice of any material change. Your continued use of the Services constitutes acceptance of these changes.
Ownership and Copyrights
The Services and all materials therein or transferred thereby, including software, images, text, graphics, illustrations, logos, branding, audio and video clips, newsletters, flashcards, trademarks, service marks, trade names and other content (“Content”), and the trademarks, service marks and logos contained therein, are the exclusive property of Divided and its licensors. Except as explicitly provided in these Terms, nothing in the Services shall be deemed to create a license or authorization of any kind to use any Content or trademarks without express written permission from Divided.
Links to Third Party Websites
The Services may contain links to third party websites and online services. Such links are provided for your convenience only. We do not endorse or make any representations about third party websites. If you access any third party website from the Services, you do so at your own risk. You acknowledge and agree that Divided will not be responsible or liable for the availability, accuracy, content or policies of third party websites. Links to such third party websites do not imply any affiliation with or endorsement by Divided. You should review the applicable terms of use and privacy policies of any third party website before using the site or providing any personal information.
Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DIVIDED DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DIVIDED DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, COMPLETE, OR ERROR-FREE. WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
Limitation of Liability
DIVIDED WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR CONTENT. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY AND FORESEEABILITY AND WHETHER OR NOT DIVIDED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You will indemnify and hold harmless Divided and its officers, directors, employees and agents from and against any third party claims, demands, causes of action, damages, losses, liabilities, costs and expenses (including reasonable attorneys fees) directly or indirectly arising from or relating to (a) your use of the Services or breach of these Terms; (b) your User Content; or (c) your violation of any law or the rights of any third party. Your indemnification obligations hereunder shall survive any termination of your relationship with Divided.
Governing Law and Jurisdiction
These Terms will be governed by the laws of the State of California and the United States of America, without regard to conflict of law principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms will be an appropriate state or federal court located in California. You hereby consent to personal jurisdiction of such courts.
Any claim under these Terms must be brought within one (1) year after the cause of action arises. In the event any action is brought under these Terms, the prevailing party will be entitled to its reasonable attorneys fees.
Termination
These Terms are effective until terminated by Divided or you. Divided may terminate these Terms at any time without notice. Your rights under these Terms will terminate automatically without notice from Divided if you violate any terms.
Upon termination, all licenses granted to you under these Terms will immediately cease and you will stop all use of the Services. We may, at our discretion, continue to retain, use or disclose any of your User Content for business purposes or as required by law.
Sections relating to ownership, disclaimers, limitations of liability, indemnity, governing law and termination will survive any termination of these Terms.
General Terms
These Terms constitute the entire agreement between you and Divided relating to their subject matter and supersede any prior version of these Terms.
Divided may provide notice to you via email, posted notices on the Services, or other means, which notice shall be effective immediately.
The failure by Divided to enforce any provision of these Terms will not constitute a waiver of future enforcement. Any waiver must be in writing and signed by an authorized representative of Divided.
You may not assign or transfer these Terms or any of your rights or obligations. Any attempt by you to assign or transfer these Terms without our consent will be null and void. Divided may freely assign these Terms.
If any provision of these Terms is determined to be invalid or unenforceable under applicable law, it will be amended to achieve as closely as possible the intent of the original term and the remaining Terms will continue in full force and effect.
These Terms do not limit any consumer protection, privacy or other rights that you cannot waive under applicable law.
Contact Us
If you have any questions about these Terms, please contact us at:
Divided® Clothing, Jeans, Sweatpants, Jacket, Shirts
123 Main St
Anytown, CA 12345
[email protected]
