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    Date of last revision: January 2017

    PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing or using this website, mobile websites or other ALVIES products (RS web) or services on any computer, mobile phone, tablet, console or other devices, you agreeing that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of ALVIES. ALVIES may change these Terms of Use at any time without notice, effective upon its posting to the RS web. Your continued use of the RS web will be considered your acceptance to the revised Terms of Use. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

    INTELLECTUAL PROPERTY

    All intellectual property on the RS web is owned by ALVIES, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (i.e.: the ALVIES name and the logo design) are owned, registered and/or licensed by ALVIES. All content on the website, including but not limited to text, software, scripts, code, designs, graphics, photos, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of ALVIES; All rights reserved.

    RS WEB USE RESTRICTIONS

    You may use the Content only for your own non-commercial use to participate in the RS web or to place an order or purchase ALVIES products. You agree not to change or delete any ownership notices from materials downloaded or printed from the website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the RS web, including User Generated Content, without ALVIES prior written consent, unless it is your own User Generated Content that you legally post on the RS web. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

    PRODUCT ORDERS

    All orders placed through the RS web are subject to ALVIES acceptance. This means that ALVIES may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, ALVIES will issue you a refund.

    SAFEGUARD YOUR USERNAME/PASSWORD

    You are responsible for any actions that take place while using your ALVIES account. Keep your username/password secure and do not allow anyone else to use your username/password to access the RS web. ALVIES is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

    CUSTOMER PHOTO, VIDEO AND USER-GENERATED CONTENT SHARING:

    These Terms of Use govern your conduct associated with the Customer Photo and Video Sharing service offered by ALVIES (the "CPVS Service"). To the extent there is any conflict between ALVIES Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CPVS Service.

    By submitting any content to ALVIES, you represent and warrant that: you are the sole author and owner of the intellectual property rights thereto; all "moral rights" that you may have in such content have been voluntarily waived by you; all content that you post is accurate; you are at least 13 years old; use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

    You further agree and warrant that you shall not submit, upload, post, transmit or distribute any content: that is known by you to be false, inaccurate or misleading; that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

    that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); that is, or may reasonably be considered to be, abusive, obscene, profane, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; for which you were compensated or granted any consideration by any third party; that includes any information that references other websites, addresses, email addresses, passwords, contact information or phone numbers; that contains any computer viruses, spyware, worms or other potentially damaging computer programs or files.

    For any content that you submit, you grant ALVIES a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You further agree that ALVIES shall have the unrestricted right to use any ideas or information contained in any content that you submit, or materials or ideas similar to them, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. You further release and waive all claims ALVIES with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other liability under the governing law of the United States.

    Any content that you submit ALVIES may or may not be published or used ALVIES. ALVIES reserves the right to edit, condense or delete any submitted content that is ultimately posted on ALVIES website if ALVIES deems, in its sole discretion, that such content violates these Terms of Use. ALVIES does not guarantee that you will have any recourse through ALVIES to edit or delete any content you have submitted. ALVIES may also need to provide disclosures with respect to any content submitted and published by ALVIES. ALVIES reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not ALVIES, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of ALVIES, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

    By submitting a photo or video, you agree that ALVIES may contact you about your photo or video and for other administrative purposes. ALVIES may share your comments and data to our third-party service providers, solely for customer service purposes. By submitting a photo or video, any information you submit may be directed to a third party site administered and hosted by a third party vendor retained by ALVIES provided that, in such event, the third party vendor will have no right to use any such information other than uses necessary to fulfill its services to ALVIES.

    ALVIES DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE PHOTO OR VIDEO SUBMISSION PROCESS, OR ANY RELATED WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PHOTO AND VIDEO SUBMISSION PROCESS IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND R

    ALVIES DOES NOT WARRANT THAT THEY WILL BE FREE OF DEFECTS.

    Under no circumstances shall ALVIES and/or its affiliates be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or inability to use, the photo and video submission process, or any related website, whether in an action of contract, tort, strict liability or negligence, or other actions, arising out of or in connection with the use or performance of the photo and video submission process, or any related website, even if ALVIES has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.


    You agree to indemnify and hold ALVIES (and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Rivet Works, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.


    These Terms of Use and their enforcement shall be governed by the laws of Texas, excluding its conflict of laws provisions. You agree to submit to jurisdiction in Texas and further agree that any cause of action arising under these Terms of Use may be brought in a court in Travis County, Austin, Texas, USA, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use.

     

    Rickshaw Brands, LLC. (DBA ALVIES)
    Or call (760) 593-4605
    102 ½ West 3rd St., Austin, TX 78701