PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING, OR PURCHASING ANY MERCHANDIZE THROUGH, THE SITE. BY USING OR ACCESSING THE SITE, YOU SIGNIFY YOUR ASSENT TO THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT ASSENT TO THIS AGREEMENT, PLEASE DO NOT USE OR VIEW, AND DO NOT PURCHASE ANY MERCHANIDIZE THROUGH, THE SITE.
WorkOf may, at any time and in its sole discretion, amend, modify, delete or add (collectively “Amendments”) to the terms and conditions of this Agreement. Your use of the Site after such Amendments have been posted constitutes your agreement with and acceptance of such Amendments.
WorkOf may, at any time and in its sole discretion, modify, add to, delete, suspend or terminate the Site and any information, content, services or merchandize offered on or through out the Site, for any or no reason, and with or without notice.
All information, materials, images, software, photographs, articles, functions, text and other content (collectively, “Content”) contained on or offered through the Site and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of WorkOf, its licensors, vendors or content providers or other third parties. The Site and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by WorkOf under the copyright laws of the United States and other countries. WorkOf may change the Site or delete any Content or features or services at any time, in any way, for any or no reason. WorkOf reserves all rights not expressly granted in and to the Site and the Content.
Unless otherwise noted, WorkOf and all other trademarks, service marks, trade names, and logos displayed on the Site are the trademarks, service marks, trade names, and logos of WorkOf. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Site without the owner’s prior written permission. Unauthorized use of WorkOf and all other trademarks, service marks, trade names, and logos displayed on the Site is strictly prohibited.
Content may not be copied, reproduced, republished, uploaded, posted, re- delivered using framing technology, transmitted, displayed, performed, distributed or used in any way without WorkOf’s prior written permission; provided however, that users may download one copy of any Content on any single computer and print a copy of that Content solely for their personal, private, non-commercial use. No permission is granted to use the Site icons, addresses or other means to hyperlink other web sites with any page in the Site. Prior written permission must be obtained from WorkOf to hyperlink in any manner to the Site. WorkOf reserves the right in its sole discretion to terminate this permission at any time with or without notice for any or for no reason.
The Site may offer users the opportunity to post articles, comments, photographs, videos, artwork, and other content or materials on the Site (collectively, “User Submissions”). By making a User Submission, you grant to WorkOf an unrestricted, royalty- free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without payment of compensation or acknowledgement of its source. You further agree that WorkOf is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to WorkOf without any monetary or other obligation to you.
You further agree that any User Submission you provide does not contain any confidential, proprietary or trade secret information of any third party, and will not be treated as confidential by WorkOf. WorkOf shall have no obligation to store, keep copies of or return any User Submissions. WorkOf further reserves the right (but does not have the obligation), in its sole discretion, to modify, delete or remove any User Submission from the Site that it deems to be in violation of the foregoing requirements.
You will be solely responsible and liable for, and will indemnify WorkOf and its officers, directors, employees and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your User Submission, including, but not limited to, any Claim arising out of breach of this Agreement or any Claim for infringement of copyright, trademark, patent or other proprietary rights.
WorkOf may from time to time post content supplied by third parties and users (collectively, “Third-Party Content”). Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third- Party Content are those of the respective author(s) or distributor(s) and not of WorkOf. WorkOf does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitation of liability are noted below.
WorkOf uses a third party to process payments for Transactions. We do not process payments nor maintain your credit card information. This third party payment processor has separate Terms and Conditions that you must agree to as part of the checkout process. We are not responsible for their Terms and Conditions or for the security and privacy of any credit card or other personal information that you submit through them. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
We reserve the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the Site are subject to change without notice. WorkOf shall not be responsible for any errors in the prices, descriptions or expected delivery time of such products or services.
Refunds and exchanges will be subject to WorkOf’s Refund and Exchange Policy in effect from time to time.
While WorkOf uses reasonable efforts to include accurate and up to date information on the Site, WorkOf makes no warranties or representations as to its accuracy. WorkOf assumes no liability or responsibility for any errors or omissions in the information or Content of the Site.
ALL INFORMATION, CONTENT AND MERCHANDIZE ACCESSED FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WORKOF MAKES NO WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONDITION OF THE INFORMATION, CONTENT OR MERCHANDISE PROVIDED THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WORKOF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WORKOF DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WORKOF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE, OR AS TO CORRECTNESS, ACCURACY, RELIABILITY, CONDITION OR OTHERWISE REGARDING INFORMATION OR CONTENT ON THE SITE OR MERCHANDISE PURCHASED THROUGH THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WORKOF BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH USE OF THE SITE, ITS CONTENT, INFORMATION OR FROM THE PURCHASE OR USE OF MERCHANIDIZE FROM OR THROUGH THE SITE OR FOR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION, INFORMATION OR CONTENT ON THE SITE, EVEN IF WORKOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using the Site, you agree to indemnify, hold harmless and defend the Released Parties from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to reasonable attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Site in violation of this Agreement.
Certain links on the Site may lead to Web sites, Web pages, and resources (“Third-Party Sites”) maintained by third parties over whom WorkOf has no control. WorkOf accepts no liability or responsibility for any material supplied or contained on such Third-Party Sites or any use of personal information by such third parties. WorkOf makes no representation or warranty as to the accuracy or any other aspect of the information on such Third-Party Sites.
WorkOf respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement and is located on the Site, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) containing the following information:
You acknowledge that if you fail to comply with substantially all of the above requirements of this section your DMCA notice may not be valid and we may not be able to remove infringing content. All notices of claimed infringement should be sent to WorkOf’s copyright agent, whose contact information is noted below:
Attention: Charlie Miner
187 Lafayette St.
New York, NY 10013
Email Address: email@example.com
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of New York, without regard to its conflicts of law principles. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between WorkOf and users of the Site relating to the subject matter contained herein. No delay or failure by WorkOf to take action under this Agreement will constitute a waiver of any of the provisions contained herein, or rights provided hereby, unless expressly waived in writing by WorkOf. No single waiver will constitute a continuing or subsequent waiver. You agree that any cause of action arising out of or related to the Site or this Agreement must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.