Terms Of Use
Terms and Conditions READ CAREFULLY. This Terms
of Use Agreement ("Terms of Use") applies to use of the Sprintbit Store websites
located at http://www.sprintbit.biz & http://www.sprintbit.us (the
"Site"). The Site is the property of Sprintbit Corporation. Sprintbit Store is a
division of Sprintbit Corporation. Sprintbit Store reserves the right, at its
sole discretion, to change, add or remove portions of this Terms of Use, at any
time.
Content, Copyright
and Trademark Notice
No part of the Site and no Content may be reproduced, recorded, retransmitted,
sold, rented, broadcast, distributed, published, uploaded, posted, publicly
displayed, altered to make new works, performed, digitized, compiled, translated
or transmitted in any way to any other computer, website or other medium or for
any commercial purpose, without Sprintbit Store's prior express written consent.
Except as expressly provided herein, you are not granted any rights or license
to patents, copyrights, trade secrets, trade dress, rights of publicity or
trademarks with respect to any of the Content, and Sprintbit Store reserves all
rights not expressly granted hereunder. Sprintbit Store expressly disclaims all
responsibility and liability for uses by you of any Content obtained on or in
connection with the Site.
All media (downloaded or samples), software, text, images, graphics, user
interfaces, music, videos, photographs, trademarks,
logos, artwork and other content on the Site (collectively, "Content"),
including but not limited to the design, selection, arrangement, and
coordination of such Content on the Site is owned or licensed by or to Sprintbit
Store, and is protected by copyright, trade dress, and trademark laws, and
various other intellectual property rights laws.
All custom graphics, icons, logos and service names are registered trademarks,
trademarks or service marks of Sprintbit Store.
All other trademarks or service marks are property of their respective owners.
The use of any Sprintbit Store trademark or service mark without Sprintbit
Store's express written consent is strictly prohibited.
Conditions of Sale and
Payment Terms.
To purchase any goods and/or services on our Site, you must (a) be at
least eighteen (18) years of age or the applicable state age of majority. Prior
to the purchase of any goods or services on our Site, you must provide us with a
valid credit card number
and associated payment information including all of the following: your name as
it appears on the card, your credit card number, the credit card type, the
date of expiration and any activation numbers or codes needed to charge your
card.
By submitting that information to us, you hereby agree that you authorize us to
charge your card at our convenience but within thirty (30) days of credit card
authorization. All sales of products and services are final. All charges from
those sales are nonrefundable.
Methods of Payment,
Credit Card Terms and Taxes.
All payments must be made by Credit Card, check or through your PayPal account.
We currently do not accept cash. Your card issuer agreement governs your use of
your designated card, and you must refer to that agreement and not this Terms of
Use to determine your rights and liabilities as a cardholder. YOU, AND NOT
Sprintbit Store, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO
YOUR CREDIT CARD
BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection
with your purchases (including any applicable taxes) at the rates in effect when
the charges were incurred. Unless you notify Sprintbit Store of any
discrepancies within sixty (60) days after they first appear on your credit card
statement, you agree that they will be deemed accepted by you for all purposes.
If Sprintbit Store does not receive payment
from your credit card issuer or its agent, you agree to pay all amounts due upon
demand by Sprintbit Store or its agents. You are responsible for paying any
governmental taxes imposed on your purchases, including, but not limited to,
sales, use or value-added taxes. Sprintbit Store shall automatically charge and
withhold the applicable sales tax for orders to be delivered to addresses within
California and Massachusetts and any other states or localities that it deems is
required.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation of our
offer to sell. Sprintbit Store reserves the right at any time after receipt of
your order to accept
or decline your order for any reason. Sprintbit Store further reserves the right
any time after receipt of your order, without prior notice to you, to supply
less than the quantity you ordered of any item. Your order will be deemed
accepted by Sprintbit Store
upon our delivery of products or services that you have ordered, or upon the
completion of the license and delivery of a Digital Download, as indicated by
our servers. All orders placed over $1000.00 (U.S.) must obtain pre-approval
with an acceptable method of payment, as established by our credit and fraud
avoidance department. We may require additional verifications or information
before accepting any order.
Sprintbit Store is a reseller to end users and does not accept orders from
resellers, exporters, wholesalers, any businesses of any kind or other customers
who intend to resell.
Modifications to Prices
or Billing Terms
Sprintbit Store RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND
BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON
POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
Service and Support for Goods Sold
All requests for technical service and support should be made
directly to the manufacturer in accordance with their terms and conditions.
Except products or services that are provided by Sprintbit Corporation itself
Indemnification
You agree to indemnify and hold harmless Sprintbit Store and its parents,
subsidiaries, affiliates, service providers, other End Users, distributors,
licensors, officers, directors and employees from any claim or demand, including
reasonable attorneys' fees,
made by any third party arising out of or related to your violation of this
Terms of Use, or your violation of any law, regulation or third-party right.
Disclaimer of
Warranties
THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK,
DATA, AND INFORMATION ARE PROVIDED "AS IS."
ALL OF Sprintbit Store's PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL
DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY
STATED HEREIN, Sprintbit Store EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR
CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR
REFERENCED BY THE Sprintbit Store SITE, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA
AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK
OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
LIMITATION OF LIABILITY
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS
AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY
CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL Sprintbit
Store OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR
AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT
OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES,
CONTENT AND/OR DIGITAL DOWNLOADS,
WITH THE DELAY OR INABILITY TO USE THE Sprintbit Store SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE Sprintbit Store SITE WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE EVEN IF Sprintbit Store HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE
SITE, THE MAXIMUM LIABILITY THAT Sprintbit Store SHALL HAVE IS LIMITED TO ANY
AMOUNTS ACTUALLY PAID TO Sprintbit Store BY END USER. ORDER INFORMATION SUCH AS
BILLING OR SHIPPING ADDRESS THAT IS INACCURATE
OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF
Sprintbit Store. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY,
DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT
AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT
OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL
BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Policy to Terminate
Privileges for Copyright Infringement
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium
Copyright Act (the "Act"), Sprintbit Corporation. will terminate the account of
any customer, or vendor who uses his or her privileges to unlawfully transmit
copyrighted material without a license, valid defense or fair use privilege to
do so. After proper notification by the copyright holder or its agent to the
Sprintbit Store and later confirmation through court order or an admission by
the customer that an account has been an instrument of unlawful infringement,
Sprintbit Store will terminate the infringing customer's account. Sprintbit
Store may also in its sole discretion decide to terminate a customer's account
privileges prior to that time if it has good belief that infringement has in
fact occurred.
In addition, pursuant to 17 U.S.C. § 512(c), Sprintbit Store has implemented
procedures for receiving written notification of claimed infringements
and for processing such claims in accordance with the Act. Sprintbit Store
respects the intellectual property of others and we ask other to do the same. If
you believe that your copyright has been infringed through the Sprintbit Store
website, please contact us.
General
No delay or failure to take action under this Terms of Use shall constitute any
waiver by Sprintbit Store of any provision of this Terms of Use.
If any provision of this Terms of Use is invalid or unenforceable under
applicable law, it is, to that extent, deemed enforceable to the fullest extent
possible (and severable in the event such provision is completely unenforceable)
and the remaining provisions of this Terms of Use will continue in full force
and effect. This Terms of Use will bind and inure to the benefit of Sprintbit
Store's permitted successors and assigns. Any claim under these Terms of Use
must be brought within one (1) year after the cause of action arises. This Terms
of Use shall be governed by the laws of the State of California without regard
to or application of any conflict of laws provisions. You consent to the
exclusive jurisdiction of the state and federal courts sitting in Orange County,
in the State of California. This Terms of Use is personal to you and may not be
transferred, assigned or delegated to anyone. Any attempt by you to assign,
transfer or delegate this Terms of Use shall be null and void. Sprintbit Store
may freely assign this Terms of Use without consent or notice. This Terms of Use
(including all documents expressly incorporated herein by reference, including
but not limited, to the relevant Usage Rules) constitutes the complete and
exclusive agreement between Sprintbit Store
and you with respect to the subject matter hereof and supersedes all prior oral
or written understandings, communications or agreements
not specifically incorporated herein.