Thank you for visiting the POCKUTS .com website (the “Site”). By using this Site, you accept and agree to be legally bound by and comply with the terms and conditions set forth below (collectively this “Policy”) and all applicable laws.
If you do not agree to any provision of this Policy, please do not access this Site. We may change, update or revise any provision of this Policy at any time without notice. Please check this Policy regularly for changes. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.
Proprietary Rights
All content, information, data, text, illustrations, photographs, images, products, artwork, designs, video, audio, logos and trademarks provided on this Site (collectively the “Content”) are owned by Pockuts , LLC. dba POCKUTS and POCKUTS and/or its affiliates and subsidiaries (collectively POCKUTS ) and are protected by worldwide copyrights, trademarks, patents, trade secrets, or other proprietary rights. The Content on this Site, and the Site as a whole, are intended solely for personal non-commercial use by users of this Site. You may print or download certain Content for your personal, non-commercial use ONLY, provided that you keep intact all copyright, trademark and other proprietary rights notices contained in or accompanying such Content. You may not copy, reproduce, sell, distribute, transmit, publicly display, publish, modify, edit or otherwise exploit any Content for any purposes, by any means, except as expressly authorized by POCKUTS . Use of any Content for any purpose not expressly permitted in this Policy is prohibited.
Pockuts Trademarks
All names, marks, brands, logos, designs, trade dress and other designations that Pockuts uses in connection with this Site, including, without limitation, POCKUTS. the signature, (the Pockuts Trademarks) are owned by POCKUTS . You may not remove or alter the Pockuts Trademarks. You may not use the Pockuts Trademarks without the prior, written authorization of POCKUTS , except to identify the products or services of the company and only if your reference is truthful and not misleading. The products, logos, designs, advertisements and images described and/or displayed on this Site may be the subject of other intellectual property rights reserved by Pockuts or other third parties. No license is granted with respect to these intellectual property rights.
Third Party Sites
This Site may provide links to third party sites for your convenience only. Pockuts does not warrant or guarantee the availability, completeness, accuracy, or reliability of any privacy policy, information or material contained in such third party sites and Pockuts shall not be liable for any damages or injury arising from your use of or content in such third party sites. Your access and use of such third party sites is solely at your own risk. Links to third party sites does not constitute an endorsement by Pockuts of such sites or any information or products/services contained in such sites. Pockuts recommends that you check the specific privacy policy of any site before providing any personal information.
Any material submitted by you to POCKUTS ’s web site or to Pockuts by electronic mail, including creative ideas, suggestions, designs, artwork, comments, feedback, photographs and other communications (collectively “Material”) will be deemed non-confidential. By posting or submitting Material, you grant to Pockuts and its subsidiaries, affiliates and licensees the right to copy, reproduce, display, publish, distribute, promote and otherwise use such Material worldwide in any media, by any means and for any purpose, including but not limited to developing, manufacturing and marketing of goods or services. The disclosure or offer of any Material by you shall constitute an assignment to Pockuts of all worldwide rights, titles and interests in all copyrights and other intellectual properties therein. Pockuts is under no obligation to pay you any compensation for any Material or to respond to any Material. All Material shall be and remain the property of POCKUTS
You agree that you are solely responsible for any Material posted or submitted by you. You represent and warrant that you own or otherwise control all of the rights to Material submitted by you and that no use of such Material by Pockuts will infringe or violate any rights of any third party. You agree to defend, indemnify and hold Pockuts and its affiliated, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers and contractors (collectively the “Affiliates”) harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and legal costs) arising from or in connection with any Material posted or submitted by you. Pockuts reserves the right, at any time and in its sole discretion, to delete, move or edit any Material posted or submitted by you.
By participating in surveys, sweepstakes, contests or promotions on this Site, and/or requesting promotional information or product updates, you hereby agree that Pockuts may use information about you for marketing, product development and promotional purposes. You agree that Pockuts may use information about you and your use of this Site in any manner that does not reveal your identity and/or consistent with the terms of POCKUTS ’s Privacy Policy. Further, you agree that Pockuts may send you electronic mail for the purpose of advising you of updates to this Site, providing you with information on Pockuts products or for such other purpose as Pockuts deems appropriate.
Pockuts Products
The Pockuts products displayed on this Site may be available at select Pockuts retail boutiques, better department stores and specialty stores in the United States of America and select foreign markets. However, Pockuts cannot guarantee that the products appearing on this Site will be available at every authorized Pockuts retailer; availability and selection are subject to supply. All product descriptions, specifications, colors, and prices are subject to change by Pockuts at any time without notice. Prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could effect the accuracy of its display of the colors of products offered herein.
Disclaimer of Warranties
THIS SITE AND ITS CONTENT ARE PROVIDED AS IS FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. POCKUTS DOES NOT WARRANT OR GUARANTEE THAT ALL CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND POCKUTS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. YOUR USE OF THIS SITE AND ITS CONTENT IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL POCKUTS OR ANY OF ITS AFFILIATES BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER OR NOT POCKUTS .COM OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, EXCEPT WHERE PROHIBITED BY LAW.
Indemnification of POCKUTS .com
You agree to defend, indemnify and hold Pockuts and its Affiliates harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) arising from or in connection with your use or misuse of this Site and the Content or your violation of any provision of this Policy.
International Use
Pockuts makes no representation or warranty that this Site and its Content are appropriate or available for use in locations outside the United States. Accessing this Site or the Content from territories in which this Site or the Content is illegal is prohibited. You agree that if you choose to access this Site or Content from any locations outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws.
Miscellaneous
If there is a dispute about this Policy or your use of this Site, the laws of the State of North Carolina, United States of America, shall apply, without regard to any conflict of law provisions, and it shall be resolved exclusively by the state and federal courts sitting in Mecklenburg County, in the State of North Carolina, United States of America.
For questions about this Policy, please contact website@Pockuts .com.