This website is operated by Dear Cleo. Throughout the site, the terms “we”, “us” and “our” refer to Dear Cleo. It offers its websites (the “Sites”), including all information, tools and services available from the Sites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Sites and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Sites, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our Sites. By accessing or using any part of the Sites, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Sites or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the Sites shall also be subject to the Terms of Service. You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Sites. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Sites following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. We may add additional Sites from time to time as we expand our offerings and these Terms of Service will govern those new Sites when added. You may be accessing our Sites from a computer, mobile device, App or by any other means now known or hereafter devised, and these Terms of Service govern your use of our Sites and your conduct, regardless of the means of access. You may be using our interactive services and digital services (“Interactive and Digital Services”), alerts, messages, calendars, profiles, blogs, lists, groups, media, cloud, favorites, wishlist, community forums, ratings, reviews, comments, posts, Q&A, shopping, sales and other services whether currently existing or hereafter devised, and these Terms of Service govern your use of all such Interactive and Digital Services. You may be using our Sites and/or Interactive and Digital Services on behalf of a company or other legal entity. If so, these Terms of Service govern your and your company’s use of all such Sites and/or Interactive and Digital Services.
Dear Cleo hereby grants you permission to use the Sites as set forth in these Terms of Service, provided that:
In order to access some features of the Sites, you may have to create an account. You may never use another's account without permission, or allow anyone else to use your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep any account passwords secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to us for the losses of Dear Cleo or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Sites in a manner that sends more request messages to the Dear Cleo servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Dear Cleo grants the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of creating publicly available searchable indices of the Sites’ materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Sites, nor to use the communication systems provided by the Sites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Sites.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Sites. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of Interactive and Digital Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse to provide Interactive and Digital Services to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Interactive and Digital Services, use of Interactive and Digital Services, or access to Interactive and Digital Services or any contact on the Sites through which Interactive and Digital Services are provided, without express written permission by us. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Sites is not accurate, complete or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites is at your own risk. The Sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the content of the Sites at any time, but we have no obligation to update any information on our Sites. You agree that it is your responsibility to monitor changes to our Sites.
SECTION 4 - MODIFICATIONS TO THE SERVICES AND PRICES
The products displayed on the Sites may not be for sale, and may not be available for order or delivery in all territories. Products displayed on the Sites may be available in select stores in the U.S., in foreign markets, or not at all. All prices displayed on the Sites are for information only and subject to change at any time without notice. We reserve the right at any time to modify or discontinue Interactive and Digital Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of Interactive and Digital Services. If any minor uses any goods or product displayed on the Sites, it should be only after their legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Dear Cleo.
The products on the Sites and the Interactive and Digital Services are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from or through Dear Cleo. Dear Cleo reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Service, as determined by Dear Cleo in its sole discretion.
SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the Sites. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. While Dear Cleo has tried to accurately display the colors of products, the actual colors you may see will depend on your monitor, display device or screen, and may not be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Sites is void where prohibited by law or regulation. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in Interactive and Digital Services will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools as “is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Sites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on the Sites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – YOUR SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of Interactive and Digital Services or any related Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You are solely responsible for all content that you upload, download, post, email or otherwise transmit to or from the Sites, through our Interactive and Digital Services or otherwise, including the submission of product descriptions, ratings, reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, status updates, blog postings, forum postings, comments, questions, answers or any other materials whatsoever, whether similar or dissimilar to the foregoing (collectively, “Content”).
SECTION 10 - YOUR USE OF CONTENT ON THE SITES
Dear Cleo provides the Sites and the Interactive and Digital Services and all other applications and services on the Sites as a forum only and on an “as is, where is” basis, with no representations whatsoever including, without limitation, of merchantability or fitness for a particular purpose. Dear Cleo is not liable for any statements, representations, or Content provided by its users, advertisers or any third party in any public forum on the Sites or any Third Party Site, including without limitation through the Interactive and Digital Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Interactive and Digital Services, is not controlled by Dear Cleo. Dear Cleo cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive and Digital Services, you may be exposed to Content that may be offensive, indecent or objectionable and Dear Cleo shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Dear Cleo be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Interactive and Digital Services.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use of any Content or enforce limitations on use of the Sites or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Dear Cleo reserves all rights not expressly granted in and to the Content. When using the Interactive and Digital Services, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
SECTION 11 - YOUR CONTENT SUBMISSIONS
By submitting Content to Dear Cleo, you represent and warrant that:
You also represent and warrant that any Content you submit:
Dear Cleo does not endorse any user Content or any opinion, recommendation or advice expressed therein, and Dear Cleo disclaims all liability with respect to the Content.
If your Content includes ideas, suggestions, documents or proposals to Dear Cleo through the Interactive and Digital Services:
You own the Content you submit, and may request its deletion at any time, unless you have shared the Content with others and they have not deleted it, or it was copied or stored by other users. Notwithstanding the foregoing, for any Content that you submit, you grant Dear Cleo a worldwide, perpetual, unlimited, assignable, irrevocable, fully paid up and royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, improve, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from, sell, remove, retain, add, process, analyze, use and commercialize, in any way now known or hereafter devised, such Content and/or incorporate such Content into any form, medium or technology whatsoever, whether now known or hereafter devised, throughout the world without compensation to you. This license will survive the termination of these Terms of Service and your use of the Sites. Any Content you submit is at your own risk of loss. By providing Content, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
SECTION 12 - GUIDELINES FOR INTERACTIVE AND DIGITAL SERVICES
You may not use our Interactive and Digital Services to impersonate any person or entity, including, without limitation, any Dear Cleo employee, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive and Digital Services to collect or store personal data about other users.
Dear Cleo reserves the right to not post a submission or to withdraw a posted submission for any reason whatsoever or for no stated reason. Your submission may be excluded if it violates the provisions in these Terms of Service in any manner including, without limitation, false, misleading or infringing Content, fake profiles and/or any participation by under age children.
SECTION 13 - THIRD PARTY CONTENT AND THIRD PARTY SITES
Dear Cleo will provide content of third parties (“Third Party Content”) and links to Third Party Sites as a service to its users. Dear Cleo does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Dear Cleo and such third party. Dear Cleo does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Dear Cleo is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Dear Cleo through the Interactive and Digital Services, do not necessarily reflect the views of Dear Cleo.
SECTION 14 - MOBILE SERVICES
If you access the Sites via your mobile phone, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply, and you are solely 100% responsible for any/all such rates and fees charged by your carrier.
SECTION 15 - MODIFICATION OF CONTENT
All Content that you submit is not confidential and may be used at Dear Cleo's sole discretion. Dear Cleo may or may not pre-screen Content. However, Dear Cleo will have the right (but not the obligation) in its sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, Dear Cleo and its designees will have the right to remove any Content that Dear Cleo deems, in its sole discretion, to violate any provision of these Terms of Service or is otherwise objectionable. Dear Cleo does not guarantee that you will have any recourse through Dear Cleo to edit or delete any Content you have submitted. Dear Cleo reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings, written comments, questions and answers are generally posted as soon as reasonably practicable. However, Dear Cleo reserves the right to delay, remove or refuse to post any submission for any reason whatsoever. You acknowledge that you, not Dear Cleo, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Dear Cleo, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
SECTION 16 - RESERVATION OF RIGHTS
Dear Cleo reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Interactive and Digital Services and the Sites and to block or prevent your future access to and use of the Interactive and Digital Services and the Sites. Dear Cleo may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
SECTION 17 - COPYRIGHT
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is owned by or licensed to Dear Cleo, or Dear Cleo believes it has a "fair use" right to use, all subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Dear Cleo and protected by U.S. and international copyright laws. All software used on the Sites is the property of Dear Cleo or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of using the Interactive and Digital Services or using the Sites as a resource. Any other use of materials on the Sites including, without limitation, reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, broadcast, display, sale, license, performance, exploitation, or any other purposes whatsoever, without the prior written permission of Dear Cleo, is strictly prohibited. Dear Cleo reserves all rights not expressly granted in and to the Sites and Sites’ materials and content. If you download or print a copy of the Sites’ materials or content for personal use, you must retain all copyright and other proprietary notices contained herein. You agree not to circumvent, disable or otherwise interfere with security related features of the Sites or features that prevent or restrict use or copying of any materials or content or enforce limitations on use of the Sites or the materials or content herein.
SECTION 18 - TRADEMARKS
Dear Cleo does not grant you any right or license to use, copy or modify any of its trademarks. All trademarks and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Dear Cleo may not be used in connection with any product or service that is not offered by Dear Cleo, in any manner that is likely to cause confusion among users or consumers, or in any manner that disparages or discredits Dear Cleo. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
SECTION 19 - PERSONAL INFORMATION
SECTION 20 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Sites or in Interactive and Digital Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in Interactive and Digital Services or on any related Sites is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in Interactive and Digital Services or on any related Sites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in Interactive and Digital Services or on any related Sites, should be taken to indicate that all information in Interactive and Digital Services or on any related Sites has been modified or updated.
SECTION 21 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Sites or their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Interactive and Digital Services or of any related Sites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of Interactive and Digital Services or any related Sites, other websites, or the Internet. We reserve the right to terminate your use of Interactive and Digital Services or any related Sites for violating any of the prohibited uses.
SECTION 22 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INTERACTIVE AND DIGITAL SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE INTERACTIVE AND DIGITAL SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL INTERACTIVE AND DIGITAL SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, INTERACTIVE AND DIGITAL SERVICES IS AT YOUR SOLE RISK. INTERACTIVE AND DIGITAL SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH INTERACTIVE AND DIGITAL SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, DEAR CLEO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. INFORMATION INCLUDING, WITHOUT LIMITATION, PRICE AND/OR AVAILABILITY INFORMATION, IS SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE. IN NO CASE SHALL DEAR CLEO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF INTERACTIVE AND DIGITAL SERVICES OR ANY PRODUCTS PROCURED USING INTERACTIVE AND DIGITAL SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF INTERACTIVE AND DIGITAL SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF INTERACTIVE AND DIGITAL SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA INTERACTIVE AND DIGITAL SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 23 - INDEMNIFICATION
You agree to defend, indemnify and hold harmless Dear Cleo (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees and expenses, arising out of:
This indemnification obligation will survive the termination of these Terms of Service and your use of the Sites and the Interactive and Digital Services.
SECTION 24 - DMCA
Dear Cleo respects the intellectual property rights of others and expects its users to do the same. It is Dear Cleo’s policy, in appropriate circumstances and at its sole and absolute discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, you may file a notification of copyright infringement taking place on or through the Sites as set forth below. Dear Cleo will take whatever action it deems appropriate (in its sole and absolute discretion), which may include removal of the challenged material from the Sites.
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
Such written notice should be sent to our designated agent as follows:
Digital Millennium Copyright Act Complaints:
10829 NE 68th St, Suite 201
Kirkland, WA 98003
Attention: DMCA Compliance Officer
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
Such written notice should be sent to our designated agent as follows:
Digital Millennium Copyright Act Complaints:
10829 NE 68th St, Suite 201
Kirkland, WA 98003
Attention: DMCA Compliance Officer
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Sites are strictly not intended for children under 13. If you are under 13 years of age, then please do not use the Sites. There are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dear Cleo without restriction including, without limitation in the event of a change of control of Dear Cleo by merger, acquisition, sale, or operation of law.
SECTION 27 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 28 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Sites. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 29 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on the Sites or in respect to Interactive and Digital Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 30 – GENERAL
The Sites and Interactive and Digital Services are created and controlled by Dear Cleo in the State of Washington, U.S.A. As such, the internal substantive laws of the State of Washington will govern these Terms of Service, without giving effect to any principles of conflicts of laws. Any claim or dispute arising under or related to the Sites, the Interactive and Digital Services and/or the subject matter of these Terms of Service (including, without limitation, any controversy or claim relating to the interpretation, applicability, enforceability or formation of these Terms of Service and/or the enforceability of this arbitration provision) shall be resolved by binding arbitration by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator shall be a former or retired judge. The award or decision rendered by the arbitrator (including liability for the legal costs and expenses of the party that substantially prevails in the dispute as set forth below) shall be final, binding, and conclusive and any court of competent jurisdiction may enter judgment upon such record. The award of the arbitrator shall include the payment of all costs and expenses including, without limitation, attorney fees, arbitration fees and all other legal fees, costs and expenses relating to the dispute, incurred by the party that the arbitrator determines substantially prevailed in the dispute, subject to the arbitrator’s sole determination. All proceedings connected with the arbitration, including hearings, shall be held in the City of Washington. This section does not preclude a party from seeking equitable relief from a court of competent jurisdiction.
It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English.
SECTION 31 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Sites. It is your responsibility to check our Sites periodically for changes. Your continued use of or access to our Sites or Interactive and Digital Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 32 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
Terms of Service Effective Date: December 31, 2019