Your Use of the Site
You are free — encouraged, even — to use the website in all responsible, legal, and considerate ways. But we won’t tolerate illegal uses (such as posting copyright infringing materials on the message boards, “spamming” other users, etc.) or conduct that may interfere with other users’ enjoyment. In other words, we reserve the right to refuse access to anyone, for any reason, so be nice.
What We Own
Adventure Divas owns or licenses this website, all its elements, and all rights (including without limitation copyright, trademark, trade secret, patent and other proprietary rights). If you provide anything for display or use on the website, you agree that you are assigning and transferring all rights in that submission to Adventure Divas in perpetuity, and that Adventure Divas will be entitled to use the submission any way it chooses.
“ADVENTURE DIVAS®”, “DIVAS,” “DIVADOM,” and other marks and logos appearing on the Website are registered and/or owned by Adventure Divas and are claimed by Adventure Divas throughout the world. You’ll need our permission to copy, distribute, publish, perform, modify, download, transmit, transfer, sell, or license, reproduce, create derivative works from, post, publicly display, frame, link, or in any other way exploit any of the content on the website, in whole or in part.
Billing and Refunds
This is our policy for stuff you buy from us:
Adventure Divas will ship your order within fourteen days of receipt, by the manner of shipment noted on the order page.
If the item you ordered is in any way damaged, we will replace or refund your purchase and pay the additional the cost of shipping by USPS regular mail. If your purchase is not damaged but you wish to return or exchange it, you must cover the shipping costs to return that item and we’ll refund the cost of your purchase, or send an exchange if it is available. You’ll find our contact info at the end of these terms.
The terms above apply only to items purchased directly through Adventure Divas website and not purchases made on our affiliates’, sponsors’ or advertisers’ sites.
Adventure Divas does its best to ensure the information and services we provide on this site are useful and accurate. We want you to be satisfied.
That said: YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR RISK.
Which means: ADVENTURE DIVAS, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS OR AFFILIATES AREN’T LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES INCURRED IN CONNECTION WITH USING THE SITE INCLUDING DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES. ALSO INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOSS OF REVENUES, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS, EVEN IF ADVENTURE DIVAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
Your only remedy for any breach of this agreement by Adventure Divas is a refund of any money paid to use the website. We are not responsible for, and shall have no liability with respect to, the content of third party websites that are linked to or from the site. Some states, however, don’t allow the exclusion or limitation of liability to the extent outlined above, so this provision may not apply to every user as written.
You warrant, represent and covenant that:
* (a) You will use the website only as authorized in these terms and
* (b) You will not violate any laws or take any action related to the site that would create liability for Adventure Divas. You indemnify and hold harmless, and at Adventure Diva’s request will defend Adventure Divas, its directors, officers, shareholders, employees, agents, affiliates and owners (each, an “Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising out of any claim of any third party resulting from any breach on your part of the terms set forth in this agreement. You will reimburse each indemnified party on demand for any costs, expenses and liabilities incurred to which this indemnity relates.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION, THE WEBSITE AND ALL ITS CONTENT IS PROVIDED “AS IS” AND ADVENTURE DIVAS DISCLAIMS, AND USER WAIVES, ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION RELATED TO THE WEBSITE. THE FUNCTIONS, MATERIALS AND CONTENT OF THE WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. USER ASSUMES THE ENTIRE RISK AND COST OF REPAIRS OR CORRECTIONS TO USER’S HARDWARE OR SOFTWARE DUE TO THE USE OF THE WEBSITE.
Without limiting the foregoing, Adventure Divas (without investigation or other inquiry) has no knowledge that the content of the Website infringes any third party copyrights.
This disclaimer of warranty may not apply to all users.
This agreement shall be governed by the law of the State of Washington, U.S.A., and applicable to contracts entered into and performed within the State. Any dispute under this Agreement must be brought in the courts having jurisdiction in Seattle, Washington. The parties agree that this is the entire agreement between them, and no other agreement, oral, implied or written, shall have any force or effect. This agreement is a licensing agreement, and in no way creates any other relationship between the parties. If any court holds a term of this agreement to be invalid, it shall be construed in such a way to give it the maximum allowable effect and validity, and all the remaining terms of this agreement shall be given full force and effect. Failure to enforce a term of this agreement shall not be deemed a subsequent waiver of that term or other terms.
Adventure Divas reserves the right to discontinue, delete and change the content available on the website. The website and its software may be “Restricted Computer Software” under the laws of the United States and/or other countries, and therefore you agree not to use, distribute or disclose the website in violation of any such laws (including without limitation rights restricted to the United States Government, and export limitations).
Adventure Divas is committed to maintaining the privacy of its users’ information, and to protecting the integrity of its website. We provide you with all of the information available to us about the uses of your personal information from the website; however, you should be aware that Adventure Divas takes no responsibility for the practices of third party advertisers, sponsors, or other entities providing content, links or information on the site. You should check with each of such third parties for information about their privacy policies before providing them with your personal information.
Here’s what Adventure Divas will and will not do with the information you provide to us:
What kind of information are we talking about?
* Information from you: Adventure Divas receives information from you at various times, including when you register and participate in the message boards, send us an email, enter a contest or buy something at the Adventure Divas store.
* Email lists: Adventure Divas will keep email addresses from those users who have asked us to keep them posted on our activities so we can send you email updates. You know who you are.
* Tracking Information: We also track visitors to the website, by among other things, gathering personal information such as your place of residence, your activities on the site, and other information about your use of our services. This information will help us give you more of what you like. We may gather this information from data such as your IP address, or by the use tracking software or “cookies” that will be downloaded to your computer (you may be able to delete or prevent tracking, depending upon your operating system and browser functions please see your technical specifications if you do not want us to store cookies on your computer).
What do we do with this information?
Adventure Divas is committed to keeping your personal info secure.
* Email lists: We will maintain your email address on our email lists unless you ask us to delete it. We reserve the right to sell our email lists to third parties, but you can opt out by sending an email to email@example.com with “do not sell” in the subject line.
* Message Boards or Chatting: Be aware that all information you post to a message board or a chatroom is publicly available, and Adventure Divas will not be responsible for its dissemination or use. We do not monitor our message boards or chatrooms for inappropriate behavior you’re on the “honor system” (see the terms above). But, if you specifically request that we remove a posting to a message board, we will remove it as soon as reasonably possible.
* Contests: We may gather personal information from you as part of a contest or game on the site. We will only use this information for that contest or game, and we won’t provide it to third parties (other than those assisting Adventure Divas with the management, production or results of the contest or game).
* Purchases: You will have to provide us with credit card information in order to make a purchase from our website. We use PayPal services for your credit card purchases. In order to make a puchase through PayPal you must create a PayPal member account. PayPal has its own policies about privacy and use, and you should read them carefully before making a purchase. You can do so here. Adventure Divas shall not be liable for any breaches or violations of your privacy rights by PayPal. For your information, here’s what PayPal has to say about its safeguards: “PayPal is committed to handling your customer information with high standards of information security. Your credit card and bank account information are stored only in encrypted form on computers that are not connected to the Internet. We restrict access to your personally identifiable information to employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. We test our security systems regularly and also contract with outside companies to audit our security systems and processes.” More information about PayPal’s security is available here. Finally, if you’re looking for help with signing up for or using PayPal click here. If you have a problem with an order you have placed through PayPal, please email us.
* Minors: We will not knowingly collect information from anyone under 13 years of age, or under 18 years of age for purchases. If you’re under 13, before we collect any info, we’ll need parental consent.
Click here for our policy on participating in our message boards.
Adventure Divas, Inc. | 1122 E Pike #1347, Seattle, WA 98122 | firstname.lastname@example.org
The Fine Print
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