TERMS &CONDITIONS
These Terms and Conditions of Service (“Ts & Cs”) reflect the way COMPANY 1 ’s business works and the laws that apply to COMPANY. We give you permission to access our website(s): Urban Analog LLC and use the services provided there, if you agree to follow these Ts & Cs. When we speak of “COMPANY,” “we,” “us,” and “our,” we mean COMPANY. These Ts & Cs control unless superseded by a written agreement between us. By accessing our website(s) and/or services, you are agreeing to these Ts & Cs.
The permission we give you to access our site(s) and use our services will continue until we specifically revoke it or for as long as long as you meet your responsibilities in complying with these Ts & Cs.
If you are under the age of 18, you must have your parent or legal guardian’s permission to use a COMPANY account. Please have your parent or legal guardian read these Ts & Cs with you. If you are a parent or legal guardian, and you allow your child to interact with this/these site(s) or purchase items, then these Ts & Cs apply to you; and you are responsible for your child’s activity and/or use of the services.
If you meet the age requirements, you can create a user account for your convenience. You need a COMPANY user account in order to access some of the features and/or services on our website(s).
Although we give you permission to access our site(s) and use our services, we retain any intellectual property rights we may have in our site(s) and its/their content.
We may also make various other resources available to you to answer common questions and to set expectations about using our services. These resources include our Privacy Notice,rules regarding use of our trademarks, copyrights, images, packaging, and terms of sale.
For business users and organizations only.
If you are a business organization, then to the extent allowed by applicable law, you agree to indemnify COMPANY and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arisingout of or relating to your unlawful use of the website(s) or services or violation of these Ts & Cs. This indemnity covers any liability or expenses arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
COMPANY will not be responsible for the following liabilities:
Loss of profits, revenues, business opportunities, goodwill, or anticipated savings;
Indirect or consequential loss; and/or
Punitive damages.
You are responsible for what you do with your COMPANY account, including taking reasonable steps to keep your COMPANY account secure.
To access our website and/or use our services on behalf of an organization:
An authorized representative of that organization must agree to these terms.
Your organization’s administrator may assign a COMPANY Account to you. That administrator might require you to follow additional rules and may be able to access or disable your COMPANY Account.
Rules of Conduct. Some of our site(s) features may allow you to interact with others and/or publish your opinions and views on our site. We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:
Comply with applicable laws, including export control, sanctions, and human trafficking laws;
Respect the rights of others, including privacy and intellectual property rights;
Do not abuse or harm others or yourself (or threaten or encourage such abuse or harm) – for example, by misleading, defrauding, defaming, bullying, harassing, or stalking others;
Do not use “hate speech” -- for example, negative speech based on race, gender, sexual orientation, religion, sex, national origin or political affiliation;
Do not encourage or incite violence;
Restrict conversations to the subject of the blog;
Do not abuse, harm, interfere with, or disrupt the website(s) or its/their features;
Do not engage in commercial speech regarding any products except those of Daniel Smith Inc.
If you find that others are not following these rules, you may report the abuse at: hello@urbananalog.com
Features of the website(s) may allow you to upload, submit, store, send, receive, or share your content. You have no obligation to provide any content; and you are free to choose the content that you wish to provide. If you choose to upload or share content, please make sure you have the necessary permissions to do so and that the content is lawful.
License.
Your content remains yours. For example, you may have intellectual property rights in the creative content you provide, such as the reviews you write; or you may have the right to share someone else’s creative content, if they have given you, their permission.
We need your permission to publish/use such content if the intellectual property rights restrict our publication/use of such content. You hereby provide COMPANY with that permission through this license and these Ts & Cs.
This license does not affect your privacy rights -- it is only about your intellectual property rights.
This license does NOT cover these types of content:
Publicly available facts that you provide. That information does not require a license because it is considered freely available for use by all.
Feedback that you offer, such as suggestions to improve our products or services. We may act on these suggestions without any obligation to you. In providing such information to us, you are waiving any claim against our use of that feedback.
This license is:
Worldwide;
Non-exclusive, which means you can also license this same content to others; and
Royalty-free, which means there are no fees for this license.
This license allows COMPANY to:
Host, reproduce, distribute, communicate, and use your content -- for example, to save your content on our systems;
Publish or publicly display your content;
Modify and create derivative works based on your content, such as reformatting or translating it; and
Sublicense these rights to our contractors who have signed agreements with us that are consistent with these terms, for the limited purposes operating and improving the services, which means allowing the services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyze your content for spam, malware, and illegal content.
This license includes using automated systems and algorithms to analyze your content:
For spam, malware, and illegal content. (This analysis occurs as the content is sent, received, and when it is stored); and
Using content you have shared to promote the services -- for example, for promotional purposes, we might quote a review you wrote.
This license lasts for as long as your content is protected by intellectual property rights.
If you remove (request removal) of any content that is covered by this license from our websites, then we will stop making that content publicly available on or websites in a reasonable amount of time.
Some of our features may give you access to content that belongs to other people or organizations. You may not use this content without that person or organization’s permission, or as otherwise allowed by law. Nothing in these Ts & Cs should be construed as giving you any rights to that content.
The views expressed in other people’s or organizations’ content are their own, and do not necessarily reflect COMPANY’s views.
12. Disclaimers.
The only commitments we make about our features and services (including any content, the specific functions of our website(s) or its reliability, availability, or ability to meet your needs) are:
Described in these Ts & Cs and/or Privacy Notice;
Stated in the specific business documents that create sales transactions; and/or
Provided under applicable laws.
We do not make any other commitments.
Unless required by law, we do not provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
These Ts & Cs only limit our responsibilities as allowed by applicable law. Other than the rights and responsibilities described in this Section 14, COMPANY will not be responsible for any other losses, unless they are caused by our breach of these Ts&Cs or additional transaction specific terms.
If we reasonably believe that any of your content: (a) breaches these Ts & Cs; (b) violates applicable law, or (c) could harm our users, third parties, or COMPANY, then we reserve the right to take down some or all of that content in accordance with applicable law.
Suspending or terminating your access to COMPANY website(s). COMPANY reserves the right to suspend or terminate your access to website features or services or delete your account if any of these things happen:
You materially or repeatedly breach these Ts & Cs,
We are required to do so to comply with a legal requirement or a court order;
We reasonably believe that your conduct could cause harm or liability to a user, third party, or COMPANY -- for example, by hacking, phishing, harassing, spamming,misleading others, or taking content that does not belong to you.
Disputes.
Arbitration and Attorneys’ Fees. In the event of any controversy, claim, dispute, or other action arising out of or relating to these Ts & Cs, or any breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this requirement to arbitrate, the matter will be submitted to JAMS (Judicial Arbitration and Mediation Services), or its successor, for arbitration in Seattle, Washington before one arbitrator. The arbitration will be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. The award of the Arbitrator may allocate attorneys’ fees and expenses and interest at such rate and from such date as the Arbitrator may deem appropriate. Judgment on the award may be entered in any court having jurisdiction. This clause will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Decisions of the Arbitrator will be final and binding without appeal. This agreement to arbitrate is binding on the parties, all heirs, successors and assigns, and any party seeking to enforce, benefit, interpret or otherwise deal with these Ts & Cs. This agreement to arbitrate will survive any other termination of this relationship.
Jurisdiction. Notwithstanding the above, the parties may bring court proceedings or claims against each other, if not first sought from the Arbitrator, solely to obtain in the federal courts or state courts in King County, Washington, U.S.A., temporary or preliminary injunctive relief or other interim remedies pending conclusion of the arbitration.
Choice of Law. These Ts & Cs will be governed by the laws of the State of Washington, U.S.A.
If these Ts & Cs conflict with any specific transactional terms, the specific, transactional terms will govern for that service/transaction.
If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.
If you do not follow these Ts & Cs, and we do not take action right away, that does not mean we are giving up any rights that we may have, such as taking action in the future.
We may update these Ts & Cs to reflect changes in our services or how we do business.
If we materially change these Ts & Cs, we will provide you with reasonable advance notice and the opportunity to review the changes, except: (a) when we launch a new service or feature, or (b) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you do not agree to the new Ts & Cs, you should remove/request that we remove your content and stop using the websites’ features and /or services. You may also end your relationship with us at any time by closing your account.
Your interactive use with this/these website(s) signifies your consent to these Ts&Cs.