LOCKERZ WEBSITE TERMS OF USE
These Lockerz Website Terms of Use (the “Terms of Use”) explain the contractual agreement between you (“you”, “your”) and Lockerz, LLC (“Lockerz”,“we”, “us”, “our”), regarding your use of and access to the website located at www.lockerz.com (the "Website").
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Acceptance
Your access to and use of this Website is subject to your acceptance of and compliance with these Terms of Use. Lockerz reserves the right to change these Terms of Use from time to time, without liability to you, and your continued use of this Website constitutes your acceptance of and agreement with any such changes.
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Users
Users will either access the Website as a visitor, with no ability to access services provided by Lockerz for users that have elected to become members by registering as a Lockerz™ Member (“Member”), or as a Member with the ability to use such Member services. Upon your completion of the Member registration, you will be deemed to have opted in to receive e–mail communication from us. Any user IDs, names or passwords associated with your membership account shall be maintained by you as confidential and should not be shared by you with anyone not authorized to have access to your personal information.
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Membership Account
Users are prohibited from selling, trading or transferring their Lockerz membership account (including, but not limited to, selling, trading or transferring e–mails associated with such account, and/or PTZ earned through such account). You agree to provide accurate and complete information about yourself when registering, and to accept responsibility for all activities that occur under your account or password. Users may only have one membership account. The registration of multiple accounts by or for the same person, or any action taken to try to circumvent the membership eligibility, proper working of the PTZ system or otherwise, shall be considered a breach of these Terms of Use. Upon any such breach, Lockerz may terminate all such accounts and/or PTZ associated therewith, prohibit further use by such individual or individuals of the Website, or take other actions deemed necessary by Lockerz in its sole discretion.
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Membership Communication
The Website may provide Members with the ability to send email messages and post messages to others on the Website. Lockerz has the right, but not the obligation, to monitor, decline, edit or remove all or a portion of any postings, submissions or content. By utilizing the Website or sending e–mails to Lockerz, you consent to receive communications from Lockerz.
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Privacy
You agree to be bound by the terms of our Privacy Policy.
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Ownership
This Website and the content and all intellectual property rights included in or associated with the Website, including, but not limited to patents, copyrights, trademarks, servicemarks and logos (collectively “Content”), are owned or licensed by us, and all right, title and interest in and to the Website and Content remains with us. Except as ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, Content may not be utilized, copied, distributed, re–published, uploaded, posted, modified, reverse–engineered, or transmitted in any manner inconsistent with these Terms of Use, including, but not limited to, use of such Content for commercial purposes (e.g., sale of merchandise with the Lockerz logo on it). Certain Content may be licensed from third parties and all such third–party content and intellectual property rights related to such Content belongs to the respective third parties. In any event, you may not remove any copyright, trademark, logo or other intellectual property or proprietary notice or legend contained on the Website or in the Content.
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User Feedback and Submissions
Lockerz welcomes your feedback, but if you send us your feedback, creative or original concepts or ideas, or any confidential, proprietary or other information (“Submissions”), Lockerz will be free to use or not use any such Submissions. Lockerz shall not be required to compensate you for any such Submissions, and any such Submissions shall not be considered confidential upon submission to Lockerz. Further, by providing Submissions to Lockerz via the Website or otherwise, you: a) represent that you own or have the right to utilize and disclose such Submissions; b) automatically grant Lockerz a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sublicenseable, royalty–free license to use the Submissions, and exercise all copyright, publicity and other rights with respect to any such Submissions; and c) subject to existing laws, waive any moral rights you or your licensors have in any such Submissions.
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Pointz
Lockerz Pointz™ (“PTZ”) are not redeemable for cash and have no cash or monetary value. PTZ are purely promotional in nature, are only for use on the Website, and do not constitute a property right or interest. PTZ may be redeemed immediately or accrued over time, up to a maximum of 12 months. PTZ will expire on a rolling monthly basis if not redeemed within 12 months of being awarded, and Lockerz has no obligation to notify you of any such expiration. Lockerz may discontinue the PTZ program, raise and lower the value of the PTZ, add and remove ways to earn or use PTZ, or revise the PTZ program terms and conditions at any time. All PTZ terminate upon any termination of your membership. Please see the official PTZ Rules for additional terms applicable to acquiring and using PTZ.
PTZ may only be redeemed at www.lockerz.com or as otherwise specifically directed by Lockerz, subject to available inventory, and in accordance with the specific PTZ–redemption offer.
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Termination
Lockerz shall have the right to terminate your use of the Website and/or your Membership privileges any time for any reason, including, but not limited to, your breach of these Terms of Use, your breach of the PTZ Rules or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violation of other applicable laws and regulations. Following any such termination, Lockerz shall have no further obligations, responsibilities, or liabilities to you. Notwithstanding anything to the contrary contained herein, in the event that Lockerz terminates your use rights, Lockerz shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and liabilities occasioned by such breach or violation.
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Prohibited Activities
You or anyone acting on your behalf or for your benefit may not create or use multiple, fake or temporary e–mail accounts, messages or related means, including, without limitation, creating or using websites or programs specifically designed to solicit information from individuals for purposes of inviting members, hacking into our system or creating or using programs to specifically circumvent proper and authorized use of our Website and its functionality for any purpose in conjunction with sending invites, earning PTZ or otherwise utilizing Website functionality and features. You may not sell or purchase Member accounts and/or associated e–mail addresses or PTZ, and you may not sell invitations for membership (via an e–mail invitation website or otherwise). You may not use any device, software or routine intended to damage or interfere with the proper working of the Website, including, without limitation, creating or utilizing programs to mimic or fake actual user activity on the Website, or to surreptitiously intercept or expropriate any system, data, images or other multimedia elements or personal information from the Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, auto–generation techniques, “spam” or any other such unsolicited overload technique. At Lockerz, our membership is more than access to fabulous brands at amazing prices or discovering the coolest new music artists or videos. It’s more than joining a social network that puts its customers first and rewards its membership with PTZ for making it thrive. It’s a community — of your friends, our friends and friends you’ve yet to make. So if you cheat the PTZ system (including, but not limited to, assisting others in cheating the PTZ system), you cheat the community, and for that you will lose your membership.
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Linking and Third Party Content
The Website may contain links to third–party websites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. The Website may contain news, advertisements, content and information published by various third–party providers. Use of any such third–party content may be conditioned upon such third party’s terms and conditions.
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Additional Terms and Conditions
Additional terms and/or conditions (e.g. purchase and return policy terms and use of PTZ) may apply to specific areas of the Website or to Member services or Website functionality, and you agree to abide by such other terms and conditions.
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Laws and Regulations
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Website and its Content and (ii) release of information to and retrieval of information from the Website. To the extent that any applicable taxes apply to your use of the Website, you are responsible for the payment of such taxes. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information contained in the Website, as applicable, to any applicable government agencies, all without liability to us.
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Indemnification
You agree to indemnify, save, defend, reimburse and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees), etc. resulting from: (i) your use of the Website; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any Submission; and/or (iv) any intentional wrongdoing by you whether by action or omission.
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Compatibility
Lockerz is not responsible for your software or browser compatibility with the Website, and access to the Website and its features may depend on your software or browser capability and functionality.
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Disclaimer of Warranties
LOCKERZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON–INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THIS WEBSITE OR ANY INFORMATION PROVIDED HEREIN OR THE AVAILABILITY OF THIS WEBSITE OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE WEBSITE.
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Limitation of Liability
LOCKERZ SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE WEBSITE AND THE INFORMATION, CONTENT, MERCHANDISE AND EXPERIENCES PROVIDED VIA THE WEBSITE. LOCKERZ SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR PURCHASE OR USE OF PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA THE WEBSITE (INCLUDING VIA REDEMPTION OF PTZ), INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF LOCKERZ HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY LOCKERZ. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, LOCKERZ’ TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50.
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Governing Law
These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws principles. All disputes arising out of or with respect to these Terms of Use shall be heard exclusively in the state and federal courts located in the Commonwealth of Pennsylvania, Allegheny County, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.
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Age Verification
By registering as a Member, you certify that you are 13 years of age or older. Children under the age of 13 may not become a Member, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally–identifiable information, by registering as a Member, you hereby represent that your registration as a Member, the provision of your personally-identifiable information to us, and our use of such personally–identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.
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Miscellaneous
Members or other recipients of free or purchased merchandise from Lockerz are responsible for all applicable taxes and duties (including, but not limited to, country–specific import duties and taxes). To learn more about country–specific duties and taxes, go to http://www.fedex.com/us/international/irc/profiles/?link=2.
Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. You agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof. If you have any problems, questions, suggestions or complaints about these Terms of Use or the Website, please Contact Us.
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PTZ Rules
- 1. PTZ will be awarded for certain purchases, participation in site activities, charitable donations, and as otherwise determined by Lockerz, as specified at www.lockerz.com.
- 2. PTZ may only be redeemed at www.lockerz.com or as otherwise specifically directed by Lockerz, subject to available inventory, and in accordance with the specific PTZ–redemption offer.
- 3. Lockerz may, without prior notice and in its sole discretion, alter, limit, or modify program rules, regulations, PTZ earning structure, PTZ redemption levels, or any other feature of the PTZ Place program at any time.
- 4. Members may only earn and use PTZ via one membership account. The creation of multiple membership accounts by or for one individual, the transfer or sale of any such accounts, and the use of PTZ earned by or awarded to such accounts is prohibited. Lockerz reserves the right to void the membership and/or redemption privileges of any person(s) who have wrongfully earned PTZ (whether by circumvention, transfer, purchase, deception, forgery, fraud, or otherwise), or have breached these PTZ Place Program Rules or the Website Terms of Use.
- 5. Only the individual member who makes the purchase or engages in the PTZ–generating activity may earn and use PTZ. PTZ are not transferable from one Lockerz account to another. PTZ may not be reproduced, are not redeemable for cash, and are good for one–time use only. PTZ will be deducted from the member’s account at the time of redemption.
- 6. Credits for merchandise returns and other financial adjustments made by Lockerz will be deducted from or added to the PTZ balance as applicable and as determined by Lockerz in its sole and reasonable discretion.
- 7. Members are solely responsible for determination of any tax or other fees, service charges or liability arising out of earning or redeeming PTZ.
- 8. Members are subject to and shall comply with any additional terms, conditions and restrictions that apply to specific redemptions.
- 9. PTZ may be redeemed immediately or accrued over time, up to a maximum of 12 months. Points will expire on a rolling monthly basis if not redeemed within 12 months.
- 10. Lockerz has absolute discretion with respect to how PTZ are earned and how PTZ are used. Lockerz may zero out and/or reduce your PTZ if Lockerz becomes aware of any alleged or confirmed violation of the Terms of Use, the PTZ Program Rules, or any applicable law or regulation, and the final determination with respect to such PTZ in connection with such alleged or confirmed violation shall be in Lockerz sole and reasonable discretion.
- 11. Violations of these PTZ Program Rules may result in loss of membership, permanent or temporary block of access and/or membership to the Website, loss of or reduction of PTZ, or as otherwise reasonably determined by Lockerz in its sole discretion.
- 12. LOCKERZ SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) TO A MEMBER OR ANY THIRD PARTY, INCLUDING FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH A MEMBER'S REDEMPTION OF PTZ FOR MERCHANDISE, EXPERIENCES OR OTHERWISE.
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