disguise Technologies Terms and Conditions
Last Updated: 17/05/2018
Welcome to the Disguise website and related interactive features, products, services, applications or downloads (collectively, the “Websites”) that is owned by disguise Systems Ltd., and its subsidiaries (“Disguise,” “we” and “us). These Terms and Conditions (“Terms”) apply to our Websites regardless of how you access or use them, including through mobile devices.
If you have any questions or comments, we invite you to contact us at email@example.com.
Product Sales, Fulfillment, and Availability
Details of the Disguise products available for purchase are set out on the Websites. All prices are displayed and charged in US dollars. All applicable sales and other taxes are in addition to the sale price. All online transaction totals reflect the estimated tax amount; the actual tax amount will be calculated based on your shipping location and many vary from the estimated tax. Discounts and sales prices may not be applied to previous orders. We reserve the right to shorten the duration of any special order or sales promotion. All features, content, specifications, products and prices of Disguise products described or depicted on these Websites are subject to change at any time without notice.
We make reasonable efforts to accurately display the attributes of our products, however, product specifications and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any Disguise products on these Websites at a particular time does not imply or warrant that these products will be available at any time. Occasionally, the manufacture or distribution of a certain Disguise product may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. Disguise makes no representation or guarantee that products available on the Websites are available for purchase or use in all locations globally.
Disguise reserves the right to fulfill or refuse to fulfill the orders of Disguise products made by any customer, including but not limited to any order that Disguise has cause to believe is for onward sale other than through distribution channels approved by Disguise. In the event of refusal of fulfillment, Disguise will communicate to you the reason for the refusal and issue a refund of the amount paid for the given order.
Shipping and Return Policies
You may return or exchange a product or service purchased from these Websites in the event that the product or service is defective or for any reason within 30 days. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under applicable local law. Disguise will only accept returns or exchanges of purchased products that comply with the process detailed in our Return Policy.
Fees and Promotion Codes
For all charges for any products sold on the Websites, Disguise or its vendors or agents will bill your credit card or alternative payment method offered by Disguise. You agree to provide valid and updated payment information and you agree to pay all such charges. When you provide credit card information or other information necessary to facilitate payment to us or our vendors, you represent that you are the authorized user of the credit card or alternative payment method that is used to pay for the products. In the event legal action is necessary to collect on balances due, you agree to reimburse Disguise and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Websites.
On occasion, Disguise may issue promotion codes that may be redeemed at the time of check out. These codes are non-transferable and may only be used by the intended recipient; these codes have no cash value and are not redeemable for cash. We reserve the right to cancel any promotion code and reduction redemption when the total value of the promotional code exceeds the price of the item. Multiple promotional codes may not be combined. Disguise is not responsible for any financial loss arising out of our refusal, cancellation, or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.
Copyright, Trademark, and Ownership
All of the content displayed on the Websites, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Disguise, its licensors, agents or its Content providers. All elements of the Websites, including, without limitation, the Websites’ general design, Disguise’s trademarks, service marks, trade names (including the Disguise’s name, logos, the Websites’ names, and the Websites’ design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Websites may only be used for the intended purpose for which they are being made available. Except as may be otherwise indicated on the Websites, you are authorized to view, play, print and download documents, audio and video found on our Websites for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or the Disguise’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Websites, without Disguise’s prior written consent.
The use of Disguise trademarks on any other website is not allowed without Disguise’s prior written consent. Disguise prohibits the use of Disguise trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. The Websites, their Content and all related rights shall remain the exclusive property of Disguise or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Websites.
Accuracy of Information
We attempt to ensure that information on the Websites is complete, accurate and current. Despite our efforts, the information on the Websites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Websites. For example, products included on the Websites may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Websites. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service or to refuse service to any customer. We also may require verification of information prior to the acceptance or shipment of any order.
User Submitted Content
We may, but are not obligated to, monitor or review any Submitted Content. We will have no obligation to use, return, review, or respond to any Submitted Content. We will have no liability related to the content of any such Submitted Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all Submitted Content that includes any material we deem inappropriate or unacceptable. You agree that that all Submitted Content is truthful, that you have obtained the consent of anyone appearing in any Submitted Content with you, and that any Submitted Content will not infringe on or violate the rights of any person or entity.
Submitted Content does not represent the views of Disguise or any individual associated with Disguise, and we do not control the Submitted Content. In no event shall you represent or suggest, directly or indirectly, Disguise endorsement of Submitted Content. Disguise does not vouch for the accuracy or credibility of any Submitted Content on our Websites, and does not take any responsibility or assume any liability for any actions you may take as a result of reading Submitted Content on our Websites. Through your use of the Websites, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons or people acting under false pretense. By using our Websites, you assume all associated risks.
Inappropriate Submissions and Use of the Websites
You agree that you will not use any robot, spider, scraper or other automated means to access the Websites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Websites; or (iii) bypass any measures we may use to prevent or restrict access to any portion of the Websites or our computer systems.
We may provide you with access to third-party tools which we neither monitor nor control. Access to such tools is provided solely as a convenience to you. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
Running or displaying the Websites or any information or material displayed on the Websites in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Websites must comply will all applicable laws, rule and regulations.
The Websites may contain links to third-party websites that are not owned, operated or controlled by Disguise or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave our Websites. Neither we, nor any of our respective affiliates, are responsible for any content, materials or other information located on or accessible from any other websites. Neither we, nor any of our respective affiliates, endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from our Websites, you do so entirely at your own risk.
Disguise is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Representations and Warranties
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. You affirm, represent and warrant the following: (i) you are old enough in your location to enter into a binding contract with Disguise and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, for any content you’ve provided to the Websites and/or Disguise; (iii) if necessary, you have the written consent of each and every identifiable natural person to use such persons name or likeness in the manner contemplated by the Websites and these Terms, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms and conditions of this agreement; (v) Disguise’s use of any information you have submitted as contemplated by the Terms and the Websites will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; and (vi) you have not and will not engage in any of the activities or behaviors listed in the Inappropriate Submissions and Use of the Websites section in the production of, your appearance in, or contribution(s) to your Submitted Content.
YOUR USE OF THESE WEBSITES IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, AND PRODUCTS PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE WEBSITES OR OTHERWISE PROVIDED BY US ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES AND IMPLIED TERMS OF ANY KIND WITH RESPECT TO THE WEBSITES AND OUR PRODUCTS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITES OR ANY INFORMATION OR PRODUCTS WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE WEBSITES OR ANY INFORMATION OR PRODUCTS WE PROVIDE, OR ANY OTHER WARRANTY. THE INFORMATION, MATERIALS, AND PRODUCTS PROVIDED ON OR THROUGH THE WEBSITES MAY BE OUT OF DATE, AND NEITHER DISGUISE NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR PRODUCTS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES LISTED OR PURCHASED ON OR THROUGH THESE WEBSITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DISGUISE OR THROUGH DISGUISE’S WEBSITES, PRODUCTS OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST DISGUISE, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THESE WEBSITES ARISING OUT OF, OR IN CONJUNCTION WITH YOUR USE OF THE WEBSITES.
LIMITATIONS OF LIABILITY
DISGUISE DOES NOT ASSUME ANY RESPONSIBILITY FOR AND WILL NOT BE LIABLE, FOR ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THESE WEBSITES, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS, PRODUCTS, OR SERVICES FROM THE WEBSITES. IN NO EVENT WILL DISGUISE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THESE WEBSITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) OR LOST PROFITS ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THESE WEBSITES, ANY WEBSITES LINKED TO THESE WEBSITES, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITES OR ANY CONTENT, PRODUCTS OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDIES ARE TO CEASE USING THE WEBSITES OR THE CONTENT, PRODUCTS, OR SERVICES OR TO RETURN OR EXCHANGE THE PRODUCTS IN ACCORDANCE WITH THE RETURN POLICY POSTED ON THESE WEBSITES. IN NO EVENT SHALL DISGUISE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEBSITES.
You agree to defend, indemnify and hold Disguise, each of our parent companies, subsidiaries and affiliates and the successors of each of the foregoing, and the officers, directors, agents, and employees of each of the foregoing, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Websites or your placement or transmission of any message or information on the Websites by you or your authorized users; (ii) your violation of any term or condition of these Terms, including without limitation, your breach of any of the representations and warranties; (iii) your violation of any third-party rights, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of England, the United States, or any other country; or (v) any claim or damages that arise as a result of any information or material that you provide to Disguise.
In the event that you have a dispute with another user or other party related to the Websites, you release Disguise (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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 such disputes.
We may block your access to our Websites in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for our users or us; or (d) or as otherwise provided herein or in another incorporated policy. Disguise will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data.
Any claim arising out of, or relating to the use of, these Websites and the materials contained herein or the products and services purchased or downloaded from these Websites shall be governed by the laws of England. You consent to the exclusive jurisdiction of the courts located in England. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. Any and all disputes directly or indirectly arising out of or related to the Terms or the Websites will be resolved individually, without resort to any form of class actions. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Any cause of action or claim you may have directly or indirectly arising out of or related to the Terms or the Websites must be commenced within one (1) year after the claim or cause of action arises. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Websites.
These Terms constitute the entire agreement between you and Disguise with respect to the subject matter hereof and supersede any prior understandings or agreements (written or oral). You agree that these Terms and all incorporated agreements may be assigned by Disguise in our sole discretion.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, general, any perpetual license, limitations on liability, disclaimers, representations and warranties, etc.) shall survive the expiration or termination of these Terms.
All rights not granted herein are expressly reserved to disguise Technologies Ltd.