VOTIV TERMS OF USE

WEBSITE TERMS OF USE
Last updated: February 19, 2016

These Terms of Use (the “Terms”) govern your use of Votiv, Inc. and our subsidiaries’ (collectively “Votiv”) websites (collectively, the “the Site”). By visiting the Site you agree to the following:

1. AGREEMENT TO THE TERMS. 
By using the Site you accept these Terms and Votiv’s Privacy Policy (www.votiv.is/privacy)
(incorporated into these Terms by reference).  If you don’t agree with the Terms, then please do not use the Site.  We reserve the right in our sole discretion to change, modify, add or delete portions of the Terms and the Privacy Policy at any time without notice.  If you keep using the Site, we will assume you agree to the changes.

2. THIRD PARTY PRODUCTS AND SERVICES.  
We may offer third-party products/services through the Site. If you use any of these third-party products or services, you assume all risks and liabilities. We may also link to other websites. We have no control over these external websites and will not be liable for any content, advertising, products, or other materials on or available from those external websites.  Third-parties will probably have their own terms of use, so be sure to check those out.

3. COMMUNICATIONS. 
We won’t send you communications unless you give us your contact information. If you do give us your contact information, you consent to receive communications from us (like emails). If you don’t want to get communications from us, no hard feelings. Just follow the email opt-out procedures in our Privacy Policy.

4. LICENSE. 
We want you to use the Site, so we grant you a limited license to access and use it, as well as a limited, revocable and nonexclusive right to create links to the Site, so long as the link doesn’t make us look bad (i.e., isn’t used in a false, misleading, derogatory or otherwise offensive matter). These licenses do not include a right for you to: (a) download (other than page caching) or modify any part of the Site; (b) use the Site or any part of the Site for any commercial use; (c) make any derivative use of the Site or any part of the Site, or (d) use data mining, robots, or similar data gathering and extraction tools when you interact with the Site. If you want to do any of these things, you will need our prior written consent. Here are some other things you can’t do: (a) use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our, or our licensor’s, express written consent; or (b) use any meta-tags or any other “hidden text” using any of our Marks (defined below), or the trademarks of our affiliates, partners or artists without express written permission.

5. HACKING.  
If you use the Site, you agree to not do anything that might be considered illegal or tortious.  This includes, without limitation, “hacking” the Site, infringing the intellectual property or other rights of third-parties, modifying, altering, translating, reverse engineering, decompiling or disassembling the Site or related documentation, and creating derivative works based on the Site.

6. MINORS.  
The Site is not intended for people under 18 years of age.  If you are younger than 18, you need to get your parent/guardian’s consent to use the Site and your parent/guardian assumes all responsibility and legal liability for the conduct of your actions.

7. TRADEMARK. 
Don’t use our trademarks unless you get our permission first.  VOTIV, the VOTIV logo, GOOD MUSIC FOR GOOD PEOPLE and all other related trademarks (including graphics, logos, page headers, button icons, scripts and service names) on the Site are trademarks of Votiv or our respective licensors and are protected by U.S. and international law (“Marks”). You may not use them without our prior written consent.

8. COPYRIGHT. 
All content on the Site is our property and protected by U.S. and international copyright laws.  You may not use any content on the Site without our prior written consent.

9.  FEEDBACK.  
It’s always great to hear from you.  But please be aware that any unsolicited ideas, suggestions, materials or other information you share with us about the Site, our artists, song ideas or other aspects of our business are considered “Feedback.” If you provide us with Feedback, you also grant Votiv an exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish the Feedback for any purpose without compensation to you.

10.  ONLINE PURCHASES.
Are you ready for a shopping spree!  You may have noticed that the Site includes a super slick online store where you can purchase all sorts of great stuff from Votiv.   Here’s how it works:
(a) Payment.  Payment is required at the time you place your order.  Payment is charged/debited at the end of the complete check-out process.  You will not be charged prior to this final step and can choose not to proceed at any time before payment is taken.  Votiv accepts payment via Visa, MasterCard, and PayPal.
(b) Shipping.  Most orders will ship out within three days of placing your order.   Your order will be shipped Standard unless you’ve indicated otherwise.  We do not ship on Saturdays, Sundays, or holidays.  While we will do all we can to make sure your order is delivered as quickly as possible, Votiv is not responsible for delays that happen because of third party carriers.
(c) Returns/Exchanges.  We are happy to exchange or refund unopened and unused items, as long as you return them to Votiv within 30-days of purchase.  All items must be in their original, unopened/unused condition, with all tags attached.  You are responsible for the costs of returning items to us and they are your responsibility until they reach us.  Please make sure you package your return to prevent any damage to the items.  We recommend that you ship your return using a service that allows you to track the items you are returning.  We do not allow returns or exchanges for digital items.
Exchanges:  If you want to exchange your item(s) for a different size/color, please email support@votiv.is with your order number and exchange preference before you return the item.  We will email you with instructions on how to ship the item(s) back to us.
Refunds:  If you want to return your item(s) for a refund, please email support@votiv.is  with your order number and a brief explanation of why you are requesting a refund.  We will email you with instructions on how to ship the item(s) back to us.  We will process your return within 3 days after we receive your items; it may take up to 15 days for the refund to post to your credit card after we have processed your return.  Your refund will be applied to the original form of payment.
(d) Pricing and Availability.  We do our best to make sure that all details, descriptions, and prices that appear in our store are correct, but errors do happen.  If we discover an error in the price of any items, or the availability of an item you have ordered, we will inform you of the error as soon as possible and give you the option of reconfirming your order or cancelling it.  If we are unable to reach you regarding the error, we will cancel the order.  
(e)  Privacy Policy.  Our Privacy Policy explains how we will use information we receive from you when you use the Site, which includes shopping in our online store.  By using our store, you consent to the collection, use and disclosure of your Personal Information and Financial Information as described in our Privacy Policy.
(f) Order Confirmation.  When you place an order, you will receive an email acknowledging receipt of your order.  This email is only an acknowledgement and is not acceptance of your order.  
(g) Registration.  When you shop in our store, you may be asked to register.  You agree to provide us with true and accurate registration information.  You will keep your user name and password confidential.  We are entitled to assume that anyone using your username is you.

11.  NO WARRANTIES AND LIMITATION OF LIABILITY.
(a)  WE MAKE NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SITE FOR YOUR PURPOSES, OR THAT THE USE OF THE SITE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
(b)  THE SITE IS PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
(c)  WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

12.GENERAL. 
We love the Emerald City, so if there are any disputes between you and Votiv regarding the Terms or the Site, you agree to the exclusive venue and jurisdiction of the courts located in Seattle, Washington.  You also agree that Washington State law will control the Terms, without regard to conflicts of law provisions.  If you breach these Terms, you will cause us immediate and irreparable harm and we can take all legal options available to us to stop you from harming us (without having to post a bond).  The relationship between you and Votiv is that of independent parties and nothing else – there is no employee and employer, or principal and agent relationship between us. If any provision of the Terms is held unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable and such decision will not affect the enforceability of such provision under other circumstances. The section headings in the Terms are for reference purposes only and do not in any way affect the meaning or interpretation of the Terms. The failure of either party to enforce any right or provision in the Terms will not constitute a waiver of such right or provision.  The Terms and the Privacy Policy are the complete and final agreement between us regarding your use of the Site.

13. OUR CONTACT INFORMATION. 
If you have questions regarding the Terms, please contact us at:

Votiv, Inc.
Attn: Terms of Use
E-mail: info@votiv.is 

You’ve reached the end, now go have fun checking out the Site!