1. Acceptance of Terms.
READ THESE TERMS OF USE AND RYDERS EYEWEAR'S PRIVACY POLICY CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF ANY CONTENT. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. RYDERS EYEWEAR CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS.
You are also subject to the Ryders Eyewear Privacy Policy. These Terms of Use are effective as of June 23, 2011.
2. Use and Restrictions.
The Site is provided solely as a convenience to you for non-commercial use. You may use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that Ryders Eyewear, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue your, and refuse any and all current and future, access to or use of the Site. You further agree that you will not:
(a) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
(b) other than for your use of the Site as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; or
(c) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site.
3. Copyright
The Content and the Site, as well as the selection and arrangement thereof, are the sole property of Ryders Eyewear and/or its licensors and are protected by patent, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Ryders Eyewear's express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, Ryders Eyewear grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright and other proprietary notices on the Content.
4. Trademark
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site are proprietary to Ryders Eyewear or such marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Ryders Eyewear, and you may not remove or otherwise modify any trademark notices from any Content.
5. Submissions
You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Submission") and through the services available in connection with this Site, and that you, and not Ryders Eyewear, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the Ryders Eyewear Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that Ryders Eyewear is free to use a Submission for the purpose of providing you with the associated services and you grant Ryders Eyewear a sublicensable, perpetual, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission. Additionally, Ryders Eyewear agrees to use all of your Submissions in accordance with Ryders Eyewear's Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.
You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.
You represent and warrant that:
(i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses to Ryders Eyewear set forth in this section, and
(ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:
This list of prohibitions provides examples and is not complete or exclusive. Ryders Eyewear reserves the right to:
(a) terminate your access to your account, your ability to post to this Site (or the services) and
(b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Ryders Eyewear determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. Ryders Eyewear may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Ryders Eyewear's discretion, Ryders Eyewear will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
These prohibitions do not require Ryders Eyewear to monitor, police or remove any Submissions or other information submitted by you or any other user.
6. Feedback
If you submit any feedback or ideas about our products and services to this Site, you hereby assign and agree to assign to Ryders Eyewear all right, title and interest in and to such feedback.
7. Modifications
Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Ryders Eyewear reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.
8. Links to Third Party Websites
The Site may contain links to websites and other resources operated by third parties other than Ryders Eyewear. Such links are provided solely as a convenience to you. Ryders Eyewear does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
9. Warranties and Disclaimer
The site , submissions and any content provided via the site, including links, are provided on an "as is" and "as available" basis with no warranty of any kind. to the maximum extent permitted by law, Ryders eyewear disclaims all representations and warranties, express or implied, with respect to the site, submissions, the content and any products or services, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from errors, omissions, computer viruses or other malicious or unauthorized code or programs, and implied warranties arising from course of dealing or course of performance. In addition, ryders eyewear does not represent or warrant that the site, submissions, content or any products, services or any other information accessible via the site is secure, accurate, complete or current or that any particular products or inventory will be available at any particular store. As a condition of your use of the site, you warrant to ryders eyewear that you will not use the site for any purpose that is unlawful or prohibited by these terms of use.
10. Limitation of Liability
Ryders eyewear and its officers, directors, employees, agents, suppliers, and third party partners will not be liable for any indirect, special, punitive, incidental, exemplary, multiplied or consequential damages, or any damages whatsoever, whether or not such party has been previously advised of the possibility of such damages, whether under contract, tort or any other theory, including, without limitation, arising out of or in connection with any loss or other damages in connection with any unavailability or nonperformance of the site, errors, omissions, viruses and malicious code. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
11. Governing Law
All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Site and/or the Content must and will be venued exclusively in Vancouver, BC, Canada.
