Effective: January 19, 2017
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the strikingtan.com website (the “Service”) operated by Striking Tan (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Intellectual Property Rights
Unless otherwise stated, all written and visual content on this Service is owned by us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Service is provided solely for your personal noncommercial use. You may not use the Service or the materials available on the Service in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, you may not modify, copy, reproduce, republish, upload, post, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Service without prior permission.
You may, however, download, print, and/or share one copy of individual pages of the Service for non-commercial use, provided that you keep intact all copyright and other proprietary notices.
By posting or submitting any material (including, but not limited to, comments, blog entries, Facebook postings, photos and videos) to us via the Service, internet groups, social media venues, email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
The Service provides originally created written and visual content, content from Creative Commons, or content in which the owner has provided permission for us to use.
If you feel that your copyright rights have been violated, send us a DMCA takedown notice. The respective work will be removed.
Send the notice to email@example.com, or use the contact form provided.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Warranty and Representation
This Service is provided “as is” without any warranties or representations, express or implied. The Service makes no warranties or representations in relation to itself or the information and materials provided on it.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that the Service will be constantly available, or available at all.
The Service does not constitute, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter, you should consult an appropriate professional.
You agree to indemnify, defend and hold harmless us from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related costs and expenses, due to or arising out of any User Content you submit, post, email, or otherwise transmit to us or through the Services, your use of the Services, your connection to the Services, or your breach of these Terms.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
You must not use this Service in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of it.
Unenforceable Rights and Provisions
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
LIMITATION OF LIABILITY
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. We will update the date found in the “Effective:” section at the top of the page. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Breach of Terms
Without prejudice to the Service’s other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as it deems appropriate to deal with the breach, including suspending your access to the Service, prohibiting you from accessing the Service, blocking computers using your IP address from accessing the Service, contacting your internet service provider to request that they block your access to the Service and/or bringing court proceedings against you.
If you have any questions about these Terms, please e-mail firstname.lastname@example.org, send mail to 852 Sw 5th St., Miami, FL 33130, or use the contact form provided.