Terms of Service
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
- CHASING LOCKETS is a provider of custom lockets
Chasing Lockets allows users who comply with Chasing Lockets policies the ability to create custom lockets using their own photos and/or photos they have the rights to reproduce. Chasing Lockets does not pre-screen users or the content put in the photos. Chasing Lockets is not in anyway responsible for the images used in the lockets, or any copyright infringements made. Users are responsible to use only images they have the rights to reproduce in a print format. You agree that Chasing Lockets is not responsible or liable for any content, for example, graphics, images, photographs, or any other content included in the lockets.
License: Chasing Lockets does not claim ownership rights in your Content. You grant Chasing Lockets a license solely to enable Chasing Lockets to use electronically and physically your information and/or Content so that Chasing Lockets is not violating any rights you might have in that Content. You grant Chasing Lockets the rights to, resize, crop, print and mail the content you provide for the sole purpose of creating custom lockets and shipping them to the parties you have identified. Chasing Lockets will not use your intellectual property for any purpose other than listed above.
- Membership Eligibility
Age: Chasing Lockets services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Chasing Lockets may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Chasing Locket’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Chasing Lockets of any unauthorized use of your password or any breach of security. You also agree that Chasing Lockets cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Chasing Lockets without Chasing Lockets express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer: You may not transfer or sell your Chasing Lockets account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Chasing Lockets services are not available to temporarily or indefinitely suspended Chasing Lockets members. Chasing Lockets reserves the right, in Chasing Lockets sole discretion, to cancel unconfirmed or inactive accounts. Chasing Lockets reserves the right to refuse service to anyone, for any reason, at any time. Including for the use of any kind of image or slogan that it pornographic, overly sensual, or conveys a hate message. Chasing Locket’s staff will at it’s sole discretion cancel any orders it deems inappropriate to the above terms and refund any monies paid for said cancelled order.
- Fees, Billing & Credits
Joining Chasing Lockets is free. Chasing Locket’s sells credits that may be redeemed for items (such as custom lockets). Credits purchased must be used within 1 year of the purchase date. Unused credits will expire after one year. (For example: if you buy one (100) credits on January 1st 2017, those credits must be used before January 1st 2018. If you buy one 100 credits on January 1st 2017, and then buy 300 more credits on March 1st 2017, the first credit must be used within one (1) year of the original purchase date, and the 300 additional credits must be used within one (1) year of their purchase date.) The oldest credits will always be used first.
Chasing Lockets may, at Chasing Lockets sole discretion, change some or all of Chasing Lockets services at any time. In the event Chasing Lockets introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). In certain situations in the case of a changed service, including but not limited to a void or invalid transaction, Chasing Lockets may issue a refund for the applicable fees to a seller’s billing statement.
Fees and Termination: If Chasing Lockets terminates an order or your account, if you close your account, or if the payment of your Chasing Lockets fees cannot be completed for any reason, you remain obligated to pay Chasing Lockets for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact Chasing Lockets.
- Resolution of Disputes
Disputes with Chasing Lockets: In the event a dispute arises between you and Chasing Lockets, please contact Chasing Lockets. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. You and Chasing Lockets agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You release Chasing Lockets (and Chasing Lockets officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
- Chasing Lockets Intellectual Property
CHASING LOCKETS, and other Chasing Lockets graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Chasing Lockets, Inc. in the U.S. and/or other countries. Chasing Lockets trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
- Site Access
Chasing Lockets may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Chasing Lockets is updated on a real-time basis and is proprietary or is licensed to Chasing Lockets by Chasing Lockets users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Chasing Lockets for any purpose whatsoever, Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in Chasing Lockets sole discretion, an unreasonable or disproportionately large load on Chasing Lockets infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses from the Site without the prior express written permission of Chasing Lockets and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
Chasing Lockets will not sell or disclose your personal information to third parties without your explicit consent. Chasing Lockets stores and processes content on computers located in the United States that are protected by physical as well as technological security.
- No Warranty
CHASING LOCKETS, CHASING LOCKETS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CHASING LOCKETS SUPPLIERS PROVIDE CHASING LOCKETS WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CHASING LOCKETS, CHASING LOCKETS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND CHASING LOCKETS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CHASING LOCKETS SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
- Liability Limit
IN NO EVENT SHALL CHASING LOCKETS, AND (AS APPLICABLE) CHASING LOCKETS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR CHASING LOCKETS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, CHASING LOCKETS SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
CHASING LOCKETS LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CHASING LOCKETS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO CHASING LOCKETS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD CHASING LOCKETS AND (AS APPLICABLE) CHASING LOCKETS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
- No Guarantee
Chasing Lockets does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Chasing Lockets control.
- Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Chasing Lockets service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Chasing Lockets net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
- No Agency
You and Chasing Lockets are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- Chasing Lockets Service
- Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.