Terms
of Service
Introduction
Welcome
to Rocksnpots.com this site is provided and operated by Grayfox Creative
Enterprises as a service to our customers. Please review the following basic rules
that govern your use of the Rocksnpots.com.
Please note that your use of the Rocksnpots.com (the "Site")
constitutes your unconditional agreement to follow and be bound by these Terms
of Use. Although you may "bookmark" a particular portion of this Site
and thereby bypass this Agreement, your use of this Site still binds you to
these Terms of Use. Grayfox Creative Ent reserves the right to update or modify
these Terms of Use at any time without prior notice to you. Your use of the
Site following any such change constitutes your unconditional agreement to
follow and be bound by these Terms of Use as changed. For this reason, we
encourage you to review these Terms of Use whenever you use this Site.
Use
of this Site
By
accepting these Terms of Use through your use of the Site, you certify that you
are 18 years of age or older. If you are under the age of 18 but at least 13
years of age you may use this Site only under the supervision of a parent or
legal guardian who agrees to be bound by these Terms of Use. Grayfox Creative
Ent does not intentionally collect personal information about children under
the age of 13. Children under the age of 13 may not use this Site and parents
or legal guardians may not agree to these Terms of Use on their behalf. If you
are a parent or legal guardian agreeing to these Terms of Use for the benefit
of a child between the ages of 13 and 18, be advised that you are fully
responsible for his or her use of this Site, including all financial charges
and legal liability that he or she may incur. If you do not agree to (or cannot
comply with) any of these terms and conditions, do not use this Site. All
billing and registration information provided must be truthful and accurate.
Providing any untruthful or inaccurate information may constitute a breach of
these Terms of Use. By confirming your purchase at the end of the checkout
process, you agree to accept and pay for the item(s) requested.
All
materials, including images, text, illustrations, designs, icons, photographs,
programs, music clips or downloads, video clips and written and other materials
that are part of this Site (collectively, the "Contents") are
intended solely for personal, non-commercial use. You may download or copy the
Contents and other downloadable materials displayed on the Site for your
personal use only. No right, title or interest in any downloaded materials or
software is transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell or participate in any sale
of or exploit in any way, in whole or in part, any of the Contents, the Site or
any related software. All software used on this Site is the property of Grayfox
Creative Ent or its suppliers and protected by
Objectionable Material.
You
understand that by using this Site or any services provided on the Site, you may
encounter Content that may be deemed by some to be offensive, indecent, or
objectionable, which Content may or may not be identified as such. You agree to
use the Site and any service at your sole risk and that Grayfox Creative Ent
and its affiliates shall have no liability to you for Content that may be
deemed offensive, indecent, or objectionable.
Site
Security
Users
are prohibited from violating or attempting to violate the security of the
Site, including, without limitation, (a) accessing data not intended for such
user or logging onto a server or an account which the user is not authorized to
access; (b) attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network,
including, without limitation, via means of submitting a virus to the Site,
overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending
unsolicited email, including promotions and/or advertising of products or
services; or (e) forging any TCP/IP packet header or any part of the header
information in any email or newsgroup posting. Violations of system or network
security may result in civil or criminal liability. Grayfox Creative Ent. will investigate occurrences
that may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved in such
violations. You agree not to use any device, software or routine to interfere
or attempt to interfere with the proper working of this Site or any activity
being conducted on this Site.
Order
Acceptance
Please
note that there may be certain orders that we are unable to accept and must
cancel. We reserve the right, at our sole discretion, to refuse or cancel any
order for any reason. For your convenience, you will not be charged until your
payment method is authorized, the order information is verified for accuracy
and your order is shipped. Some situations that may result in your order being
canceled include limitations on quantities available for purchase, inaccuracies
or errors in product or pricing information, or problems identified by our
credit and fraud avoidance department. We may also require additional
verifications or information before accepting any order. We will contact you if
all or any portion of your order is canceled or if additional information is
required to accept your order. If your order is canceled after your credit card
has been charged, we will issue a credit to your credit card in the amount of
the charge.
Pricing
Information
While
Grayfox Creative Ent strives to provide accurate product and pricing
information, pricing or typographical errors may occur. Grayfox Creative Ent
cannot confirm the price of an item until after you order. In the event that an
item is listed at an incorrect price or with incorrect information due to an
error in pricing or product information, Grayfox Creative Ent shall have the
right, at our sole discretion, to refuse or cancel any orders placed for that
item. In the event that an item is mispriced, Grayfox
Creative Ent may, at our discretion, either contact you for instructions or
cancel your order and notify you of such cancellation.
Quantity
Limits & Dealer Sales
Grayfox
Creative Ent reserves the right, at our sole discretion, to limit the quantity
of items purchased per person, per household or per order. These restrictions may
be applicable to orders placed by the same credit card, and also to orders that
use the same billing and/or shipping address. We will provide notification to
the customer should such limits be applied. Grayfox Creative Ent also reserves
the right, at our sole discretion, to prohibit sales to dealers. If you are
interested in purchasing multiple quantities of items for a corporation or
institution, please contact us by email at
Copyrights
and Trademarks
Unless
otherwise noted, all Contents are copyrights, trademarks, trade dress and/or
other intellectual property owned, controlled or licensed by Grayfox Creative
Ent, one of its affiliates or by third parties who have licensed their
materials to Grayfox Creative Ent and are protected by
Grayfox
Creative Ent and its suppliers and licensors expressly reserve all intellectual
property rights in all text, programs, products, processes, technology, content
and other materials which appear on this Site. Access to this Site does not
confer and shall not be considered as conferring upon anyone any license under
any of Grayfox Creative Ent or any third party's intellectual property rights.
The
Grayfox Creative Ent names and logos and all related product and service names,
design marks and slogans are the trademarks or service marks of Grayfox
Creative Ent. All other marks are the property of their respective companies.
No trademark or service mark license is granted in connection with the
materials contained on this Site. Access to this Site does not authorize anyone
to use any name, logo or mark in any manner.
References
on this Site to any names, marks, products or services of third parties or
hypertext links to third party sites or information are provided solely as a
convenience to you and do not in any way constitute or imply Grayfox Creative
Ent endorsement, sponsorship or recommendation of the third party, information,
product or service. Grayfox Creative Ent is not responsible for the content of
any third party sites and does not make any representations regarding the
content or accuracy of material on such sites. If you decide to link to any
such third party web sites, you do so entirely at your own risk.
Grayfox Creative Ent.
Permits links to this site provide (a) you do not remove or obscure, by framing
or otherwise, any content, including but not limited to the copyright notice
and other notices, (b) you do not directly or indirectly cause any portion of
this site to appear on a user’s computer screen with any material (e.g. URL, test,
graphics, pop-up window, audio or other) supplied by or associated with you or
a third party, (c) you give Grayfox Creative notice of all such links by
sending an e-mail to liz@rocksnpots.com,
and (d) you discontinue providing links to this site if notified by Grayfox
Creative Ent.
User Reviews, Feedback, Submissions
All
reviews, comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to Rocksnpots.com on or by this
Site or otherwise disclosed, submitted or offered in connection with your use
of this Site (collectively, the "Comments") shall be and remain
Grayfox Creative Ent’s property. Such disclosure,
submission or offer of any Comments shall constitute an assignment to Grayfox
Creative Ent of all worldwide rights, titles and interests in all copyrights
and other intellectual properties in the Comments.
Thus,
Grayfox Creative Ent will own exclusively all such rights, titles and interests
and shall not be limited in any way in its use, commercial or otherwise, of any
Comments. Grayfox Creative Ent will be entitled to use, reproduce, disclose,
modify, adapt, create derivative works from, publish, display and distribute
any Comments you submit for any purpose whatsoever, without restriction and
without compensating you in any way. Grayfox Creative Ent is and shall be under
no obligation (1) to maintain any Comments in confidence; (2) to pay to user
any compensation for any Comments; or (3) to respond to any user Comments. You
agree that any Comments submitted by you to the Site will not violate this
policy or any right of any third party, including copyright, trademark, privacy
or other personal or proprietary right(s), and will not cause injury to any
person or entity. You further agree that no Comments submitted by you to the
Site will be or contain libelous or otherwise unlawful, threatening, abusive or
obscene material, or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings or any form of
"spam".
Grayfox
Creative Ent does not regularly review posted Comments, but does reserve the
right (but not the obligation) to monitor and edit or remove any Comments
submitted to the Site. You grant Grayfox Creative Ent the right to use the name
that you submit in connection with any Comments. You agree not to use a false
email address, impersonate any person or entity, or otherwise mislead as to the
origin of any Comments you submit. You are and shall remain solely responsible
for the content of any Comments you make and you agree to indemnify Grayfox
Creative Ent and its affiliates for all claims resulting from any Comments you
submit. Grayfox Creative Ent and its affiliates take no responsibility and
assume no liability for any Comments submitted by you or any third party.
Colors
We
have made every effort to display the colors of our products that appear on the
Site as accurately as possible. However, as the actual colors you see will
depend on your monitor, we cannot guarantee that your monitor's display of any
color will be accurate.
Indemnification
You
agree to defend, indemnify and hold harmless Grayfox Creative Ent and its
affiliates from and against any and all claims, damages, costs and expenses,
including attorneys' fees, arising from or related to your use of the Site.
Termination
These
Terms of Use are effective unless and until terminated by either you or Grayfox
Creative Ent. You may terminate this Agreement at any time, provided that you discontinue
any further use of this Site. Grayfox Creative Ent also may terminate this
Agreement at any time and may do so immediately without notice, and accordingly
deny you access to the Site, if in Grayfox Creative Ent sole discretion you
fail to comply with any term or provision of this Agreement. Upon any
termination of the Agreement by either you or Grayfox Creative Ent, you must
promptly destroy all materials downloaded or otherwise obtained from this Site,
as well as all copies of such materials, whether made under the Terms of Use or
otherwise. Grayfox Creative Ent right to any Comments shall survive any
termination of this Agreement.
Disclaimer
THIS
SITE IS PROVIDED BY GRAYFOX CREATIVE ENT ON AN "AS IS" AND "AS
AVAILABLE" BASIS. GRAYFOX CREATIVE ENT MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR
THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GRAYFOX CREATIVE ENT DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, GRAYFOX CREATIVE ENT DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE,
BY YOUR USE OF THE ROCKSNPOTS.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT
YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED
BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART
OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation
of Liability
UNDER
NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT,
CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL GRAYFOX CREATIVE ENT OR ANY OF
ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE
LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION
WITH THE USE OF OR INABILITY TO USE THE ROCKSNPOTS.COM WEB SITE, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK
STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN
AUTHORIZED REPRESENTATIVE OF GRAYFOX CREATIVE ENT HAS BEEN ADVISED OF OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GRAYFOX
CREATIVE ENT BE LIABLE FOR ANY DAMAGES IN EXCESS OF
THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX
MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
General
This
Agreement represents the complete agreement between the parties and supersedes
all prior agreements and representations between them. Headings used in these
Terms of Use are for reference purposes only and in no way define or limit the
scope of the section. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable and the other terms of this Agreement
shall remain in full force and effect. The failure of Grayfox Creative Ent to
act with respect to a breach of this Agreement by you or others does not
constitute a waiver and shall not limit Grayfox Creative Ent rights with
respect to such breach or any subsequent breaches.
DMCA
Notice
Procedure for Making and Responding to Claims
of Copyright Infringement
It
is the policy of Grayfox Creative Ent to respond to claims of copyright
infringement. We will promptly process and investigate notices of alleged
infringement by third parties and will take appropriate actions under the
Digital Millennium Copyright Act, Title 17, United States Code, Section
512(c)(2) ("DMCA"), where applicable.
Pursuant
to the DMCA, notifications of claimed copyright infringement by third parties
should be sent to Grayfox Creative Ent. If you believe that your copyrighted
work has been infringed under
To
be effective under the DMCA, notification of claims of copyright infringement
by third parties must be a written communication to Grayfox Creative Ent that
includes the following:
(a)
A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
(b)
Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
(c)
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit Grayfox
Creative Ent. to locate the material;
(d)
Information reasonably sufficient to permit Grayfox Creative Ent to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted;
(e)
A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
(f)
A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Grayfox
Creative Enterprises Designated Agent for notice of claims of copyright
infringement can be reached as follows:
By
mail:
Liz
Hoppes
Grayfox
Creative Ent
6025
By
e-mail:
liz@rocksnpots.com
Upon
receipt of a valid notification of alleged copyright infringement by a third
party, Grayfox Creative Ent shall remove or disable access to the material
identified in the notice, forward the written notification to the alleged
infringer, and take reasonable efforts to notify the alleged infringer that it
has removed or disabled access to this material.
You
should be aware that, under the DMCA, claimants who make misrepresentations
concerning copyright infringement may be liable for shall be liable for any
damages, including costs and attorneys' fees, incurred by the alleged infringer
or by Grayfox Creative Ent, if injured by relying upon such misrepresentation
in removing or disabling access to the material or activity claimed to be
infringing.
If
a notice of copyright infringement has been filed against you, you may file a
counter notification with the Designated Agent at the address listed above.
To
be effective, a counter notification must be a written communication provided
to the Grayfox Creative Ent that includes the following:
(a)
A physical or electronic signature;
(b)
Identification of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was
removed or access to it was disabled;
(c)
A statement under penalty of perjury that you have a good faith belief that the
material was removed or disabled as a result of mistake or misidentification of
the material to be removed or disabled; and
(d)
Your name, address, and telephone number, and a statement that you consent to
the jurisdiction of Federal District Court for the judicial district in which
the address is located and that you will accept service of process from the
complainant who provided the original notification or an agent of such person
or entity.
If
Grayfox Creative Ent receives a valid counter notification, it shall provide
the complainant with a copy of the counter notification, inform the complainant
that it will replace the removed material or cease disabling access to it in 10
to 14 days from receipt of the counter notification, and replace the removed
material or cease disabling access to it in 10 to 14 business days, provided
that Grayfox Creative Ent has not received notice from the complainant that an
action has been filed seeking a court order to restrain the alleged infringer
from engaging in infringing activity relating to the material on Grayfox
Creative Ent system.
You
should be aware that the DMCA provides substantial penalties for a false
counter notice filed in response to a notice of copyright infringement.
Claimants who make misrepresentations in their the counter notification
statement may be liable for shall be liable for any damages, including costs
and attorneys' fees, incurred by any copyright owner or copyright owner's
authorized licensee, or by Grayfox Creative Ent, if injured by relying upon
such misrepresentation in replacing the removed material or ceasing to disable
access to it.
All
Rights Reserved