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Welcome to our website!
1. Our Terms & Conditions and Definitions
1.2 OUR COMPANY PROVIDES THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS AND CONTRACTORS AND ANY OTHER ENTITY ON BEHALF OF WHOM YOU ACCEPT THESE TERMS, COLLECTIVELY “YOU,” THESE TERMS ARE ENTERED INTO BY AND BETWEEN OUR COMPANY AND YOU AND YOU ACCEPT ACKNOWLEDGE AND AGREE THAT BY USING THIS WEBSITE IN ANY MANNER WHATSOEVER YOU AGREE TO THE WEBSITE’S TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS PLEASE DO NOT USE THIS WEBSITE.
1.3 In addition to the definitions set forth above, the following terms shall have the meaning set forth below.
“Seller,” “Our Company,”, “Supplier”, “we” and “us,” means Wild and Wolf, Inc., a Delaware corporation with offices at 234 West 39th Street, New York, New York 10018, USA and its subsidiaries and affiliates;
“Customer, “you,” and/or “Purchaser” means the person, firm or company placing a verbal or written Order accepted by the Seller;
“‘Delivery Date’ means the date and time specified in the Order and agreed by the Seller;
“Goods” or “Products” means the goods specified in the Order;
“Order” means the order for the purchase and sale of Goods and placed by the Customer with the Seller;
“Price” means the price for a particular product sold by us through our website;
“Terms” means these Terms and Conditions.
2. Our Contract With You
2.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
2.2. Each party acknowledges that, in entering into this agreement, he or she does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
2.3. If you use Our Website in any way and make a purchase on behalf of another person, you represent and warrant that you (i) are over 18 years old and (ii) have full authority to do so and you accept personal responsibility for every act or omission by you.
2.4. You acknowledge and agree that we: (i) in no way, express or implied, guarantee that Goods advertised on Our Website are available; (ii) may change these terms from time to time; and(iii) the terms that apply to you are those posted here on Our Website on the day you order Goods.
2.5. The price of our Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
2.6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
2.7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
2.8 You represent or warrant that you are over 18 years old and, if you are making a purchase on behalf of another party or entity, you have authority to do so from such party or entity.
3. Acceptance of Your Order
3.1. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you.
3.2. At any time before the Goods are dispatched, we may decline to supply the Goods to you without giving any reason.
3.3. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens, you may: (i) accept the alternatives we offer; or (ii) cancel all or part of your order.
4. Price and Payment
4.1. The price payable for the Goods that you order is clearly set out on Our Website.
4.2. Your recognize and agree that it is possible that the price for any Goods we may offer to sell to you , as posted on our website, may have increased from that posted on Our Website. If that happens, we will not dispatch the Goods until you have confirmed that you wish to buy at the new price.
4.3. If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
4.4. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than dollars will be borne by you.
4.5. If, by mistake, we have under priced Goods that you order, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch such goods to you. At that point, you may cancel your order. We shall not ship such Goods until we receive confirmation from you that you accept our new price.
4.6. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before or when we ask you to pay.
4.7. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable, but in any event no later than 14 days from the date when we accept that repayment is due.
5. Security of your Credit Card
We take care to make Our Website safe for you to use.
5.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
5.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
5.3 You acknowledge and agree that if our website or any part of it is hacked and any of your credit card details are revealed to a third party, who may use such details to commit identity theft, fraud, or other wrongful acts, we shall in no way whatsoever be liable for such acts and have no duty whatsoever to indemnify you for any losses you may incur as a result of such action by such third party.
6. Cancellation and refunds
6.1 The following rules apply to cancellation of your order:
(i) If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
(ii) If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
(iii) We will return your money provided that: (i) we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact; and (ii) you comply with our procedure as set forth above for returns and refunds.
(iv) The option to cancel your order is not available:(a) if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason; (b) if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed; or (c) if the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
(v) You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
(vi) To the extent that we are charged a non-refundable fee by the bank processing your credit card, such fee shall be deducted from the money we send to you.
(vii) In any of the above scenarios, we will endeavor to return your money within 14 days from the day we actually receive the Goods.
7. No Liability for subsequent defects
7.1. Please examine the Goods received from us immediately when you receive them. If you do not tell us of any defect or problem within 10 days of receipt of the Goods, we shall assume that you have accepted them.
7.2. The procedure to return the faulty Goods is as follows:
(i) the Goods must be returned to us as soon as any defect is discovered, but not later than two months from receipt by you; (ii) before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly, complied with any provisions relating to the power supply, plugs and sockets / other; (iii) please follow the returns procedure provided on our website at: https://www.wildandwolf.com/pages/shipping-returns.
7.3. We will return your money subject to the following conditions: (i) we receive the Goods with labels and packaging intact; (ii) you comply with our returns procedure; (iii) you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it. We cannot return your money unless we know who returned the Goods.
7.4. If any defect is found, then we shall repair or replace the Goods, or in our discretion, refund the full cost you have paid including the cost of returning the Goods.
8. Delivery and Pick up
8.1. Goods are usually delivered within 30 days from the day you place an order to purchase the Goods.
8.2. Deliveries will be made by the Carrier stipulated on your order to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
8.3. If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
8.4. We may deliver the Goods in installments if they are not all available at the same time for delivery.
8.5. Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
8.6. All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted, the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition of the Goods and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimize your inconvenience.
8.7. Signing "Unchecked", "Not Checked" or similar is not acceptable.
8.8. For Goods sent by post, we will send you a message by email to tell you when we have dispatched your order.
8.9. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But the date that we give you for delivery is to not to be treated as contractual. Accordingly, we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
8.10. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
9. Foreign taxes and duties
You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
10.1 EXCEPT AS EXPRESSLY SET FORTH IN SUPPLIER’S QUOTATION, ORDER ACKNOWLEDGEMENT OR SEPARATE WRITTEN AND SIGNED AGREEMENT, SUPPLIER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. AT SUPPLIER’S DISCRETION, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE CONFORMANCE OF ANY GOODS FURNISHED BY SUPPLIER UNDER THIS AGREEMENT SHALL BE LIMITED TO EITHER: (1) REPLACEMENT OF SUCH GOODS, OR (2) REPAYMENT OF OR CREDIT AGAINST THE PURCHASE PRICE OF SUCH GOODS UPON AUTHORIZED RETURN THEREOF. THE EMPLOYEES AND REPRESENTATIVES OF SUPPLIER ARE NOT AUTHORIZED TO MAKE ANY STATEMENT OR REPRESENTATION AS TO THE GOODS INCONSISTENT WITH THIS AGREEMENT AND NO SUCH STATEMENTS MADE WILL BE BINDING UPON SUPPLIER OR BE GROUNDS FOR ANY CLAIM.
10.2 TO THE FULLEST EXTENT PERMITTED BY LAW, SUPPLIER’S LIABILITY, WHETHER IN CONTRACT, IN TORT, STRICT LIABILITY, UNDER WARRANTY, IN NEGLIGENCE, UNDER, ARISING FROM, OR IN CONNECTION WITH THESE TERMS OR THE GOODS SHALL NOT EXCEED THE PURCHASE PRICE OF THE GOODS. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL SUPPLIER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DEMURRAGE CHARGES, COSTS OF SHIPMENT, DOWNTIME, LOST PROFITS (WHETHER DIRECT OR INDIRECT), LOST SALES, DAMAGE TO EQUIPMENT, OR CLAIMS OF CUSTOMER’S CUSTOMERS OR OTHER THIRD PARTIES FOR DAMAGES OR PENALTIES, WHETHER OR NOT CUSTOMER IS LEGALLY OBLIGATED TO PAY THEM. CUSTOMER’S SOLE REMEDY FOR BREACH OF THESE TERMS SHALL BE LIMITED TO EITHER: (1) THE OBLIGATION TO REPAIR OR REPLACE, AT SUPPLIER’S SOLE DISCRETION, ONLY THOSE PORTIONS OF THE GOODS PROVEN TO HAVE FAILED TO MEET IN MATERIAL RESPECTS THE SPECIFICATIONS ON SUPPLIER’S QUOTATION, ORDER ACKNOWLEDGEMENT, OR SEPARATE WRITTEN AND SIGNED AGREEMENT AT THE TIME OF SHIPMENT FROM SUPPLIER’S FACILITY, OR (2) REPAYMENT OF OR CREDIT AGAINST THE PURCHASE PRICE OF THE GOODS. SUPPLIER AND CUSTOMER EXPRESSLY AGREE TO THIS ALLOCATION OF RISK AND THE PRICE STATED FOR THE GOODS IS CONSIDERATION FOR THE LIMITATION ON SUPPLIER’S LIABILITY. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXCLUSIVE REMEDY DESCRIBED IN THIS SECTION FAILS ITS ESSENTIAL PURPOSE.
10.3. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
10.4. We shall not be liable to you for any loss or expense which is: (i) indirect or consequential loss; or (ii) economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
10.5. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
10.6. We make no representation or warranty for: (ii) quality of the Goods; (ii) any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose; (iii) the correspondence of the Goods with any description; (iv) the adequacy or appropriateness of the Goods for your purpose.
10.7. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
10.8. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
10.9. You acknowledge and agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12-month period for the Goods concerned or no more than $5,000.00, whichever is less. This limitation of liability applies whether your case is based on contract, tort, intellectual property violation or any other basis in law.
10.10. This preceding paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us.
10.11. (Force Majeure) The Supplier reserves the right to cancel an Order or suspend or delay delivery of it without being liable for any loss or damage if supply of the Goods is prevented or delayed by reason of war (whether declared or not), civil strife, riots, adverse weather conditions, fire, flood, labor disputes, accidents or any other causes or circumstances beyond its control.
10.12. If you become aware of any breach of any term of this agreement by any person, please tell us. We welcome your input, but do not guarantee to agree with your judgement.
11. Your account with Us
11.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
11.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorized person from using your account.
11.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
12. Security of Our Website
12.1 If you violate Our Website, we shall take legal action against you.
You agree that you will not, and will not allow any other person to: (i) modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it; (ii) link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser; (iii) download any part of Our Website, without our express written consent; (iv) collect or use any product listings, descriptions, or prices; (v) collect or use any information obtained from or about Our Website or the Content except as intended by this agreement; (vi) aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website; (vii) share with a third party any login credentials to Our Website.
You agree to indemnify us, our officers, directors, and employees against all costs, claims and expense arising directly or indirectly from: (i) your failure to comply with the law of any country; (ii) your breach of this agreement; (iii) any act, neglect or default by any agent, employee, licensee or customer of yours; (iv) a contractual claim arising from your use of the Goods; (vi) a violation of the intellectual property rights of any person.
14. Intellectual Property
14.1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the content of our website, including without limitation, text, drawings, illustrations or photographs, whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
14.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
14.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
14.4. You may not take any action that would violate or threaten to violate Our Company’s Intellectual Property rights. In addition, you may not take any action that would subject our Company to litigation or to a claim that Our Company violated Intellectual Property rights of third parties.
15. Dispute resolution
15.1 In the interest of resolving disputes between Customer and Supplier in the most expedient and cost effective manner, Customer and Supplier agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. CUSTOMER UNDERSTANDS AND AGREES THAT, BY ENTERING INTO THESE TERMS, CUSTOMER AND SUPPLIER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15.2 Exceptions. Despite the provisions of Section 15.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
15.3 Arbitrator. Any arbitration between Customer and Supplier will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Supplier. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
15.4 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Supplier’s address for Notice is the address set forth above. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, Customer or Supplier may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by Customer or Supplier must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards Customer an amount higher than the last written settlement amount offered by Supplier in settlement of the dispute prior to the award, Supplier will pay Customer the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
15.5 Fees. If Customer commences arbitration in accordance with these Terms, Supplier will reimburse Customer for its payment of the filing fee, unless Customer’s claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, NY, but if the claim is for $10,000 or less, Customer may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of Customer’s billing address. If the arbitrator finds that either the substance of Customer’s claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, Customer agrees to reimburse Supplier for all monies previously disbursed by it that are otherwise Customer’s obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
15.6 No Class Actions. CUSTOMER AND SUPPLIER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN CUSTOMER’S OR SUPPLIER’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both Customer and Supplier agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
15.7 Enforceability. If Section 15.6 is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 16 will govern any action arising out of or related to these Terms.
15.8 Notwithstanding anything herein to the contrary, We have the right to bring suit in federal court in order to enforce this Agreement with respect to any violations or potential violations of Section 14 “Intellectual Property”. In such case, the parties agree that the exclusive jurisdiction and venue described in Section 16 will govern any action arising out of or related to this Section.
16. Interpretation and Validity
The contract and the Terms shall be governed by and construed in accordance with the laws of the state of New York (without regard to its conflicts of law provisions), and the Customer and the Supplier hereby submits to the exclusive jurisdiction of the New York state and federal courts. In the alternative, the Supplier, in its sole discretion, may choose a court of competent jurisdiction to make such determinations.
18. Information posted on Our Website
Information on Our Website is provided “AS IS” and may contain inaccuracies or typographical errors. Accordingly, you as the user acknowledge that the utilization of such Information is entirely at your own risk. Information may be changed or updated without notice. Our Company may also make improvements and/or changes to any information set out on Our Website at any time without notice. Any information contained on Our Website does not represent a commitment on the part of Our Company in the future.
19. System Integrity
19.1 You may not use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, denial-of-service attacks, other malicious code or repeated “hacks” or “attacks” on web server(s) intended to damage or interfere with the proper working of Our Website or to surreptitiously intercept or expropriate any system, data or personal information from Our Website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.
19.2 Further, you may not act in any manner that could damage, disable, overburden, or impair Our Website server, or the network(s) connected to any server of Our Company, or interfere with any other party's use and enjoyment of Our Website. You may not attempt to gain unauthorized access to any of Our Company’s accounts, computer systems or networks connected to any of Our Company’s servers or to any of the networks attached to such server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Our Website.
20. Posting of Content
20.1 You represent and warrant that the content of all postings by you on Our Website, including words and images of any type, collectively referred to herein as “Content” are original with you and do not violate the copyright or trademark or trade dress of any third party. To the extent that any of the Content contain images and or the names or likeness of individuals, you represent and warrant that you have obtained all the necessary releases from such individual and that the appearance on our Website of such Content shall not and do not violate the rights of publicity or rights of privacy of any such individual. Further you represent and warrant that any such Content does not and will not contain statements that are in any way defamatory, libelous, inflammatory, prurient, false, pornographic, or could be reasonably be considered to be offensive to any group or individual or in any way contrary to the public morality of any place or country.
20.2 You agree to indemnify, defend and hold , Our Company, its officers, directors and employees harmless from and against any and all claims, liabilities, losses, damages, costs, expenses, including actual attorneys’ fees (subject to your right to select counsel) arising out of or relating to the breach by you of the above representations and warranties.
20.3 Should any claim or assertion be made against Our Company or any of its officers or directors that involve or relate to or arise out of breach of said representations and warranties, you shall deal with such claim or assertion from the moment it is called to your attention at your sole cost and expense. Should Our Company be required to participate in any litigation or proceeding of any kind involving any Content which is the subject of a breach of such representations or warranties, you shall promptly reimburse Our Company for such participation, including but not limited to attending depositions or responding to a subpoena. You shall promptly reimburse Our Company for all of the actual costs and expenses it incurs in connection with such participation including, without limitation, travel and lodging expenses. Further, should any attorney you select to defend Our Company with respect to any claim or assertion or litigation be unable or unwilling to defend Our Company, you shall select other competent counsel or, if unavailable, Our Company shall be entitled to use an attorney of its choice at your sole cost and expense. The finding of such breach by a court shall not be a prerequisite for this provision to apply.
20.4 Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code. We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act and work to ensure that listed items and content on our site or do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us via the contact information below.
20.5 We respect the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using our our website (the “Site”) if such claims are reported to our Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of Notice as described below, we will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Designated Copyright Agent:
20.6 We do not endorse any information posted by third parties on our Website and we are not liable for any such information, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on Our Website, which we believe is appropriate in our sole discretion with respect to such information, including but not limited to removal of such information and/or termination of your rights of use.