Terms of Service
Last Updated January 3, 2020
Welcome to Season Three. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”).
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH THE USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTION 20 BELOW.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS BELOW, YOU MAY NOT USE THE WEBSITE. Your use of this website constitutes your knowledge, understanding, and acceptance of the Terms and your agreement to be bound by the Terms.
a. Age Requirements for General Use. The Services are intended solely for persons who are at least 18 years old. By using the Services, you represent and warrant that you are at least 18 years old. If you are not 18 or older, you may not use the Services unless your parent or legal guardian has accepted these Terms on your behalf and consented to your use.
b. Age Requirements for Purchases. You must be at least 18 years old and fully able and competent to enter into the terms, conditions, obligations, affirmation, representation and warranties herein, in order to purchase products on this website. By placing an order, you represent and certify that you are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents, and service providers.
c. Children’s Privacy. We are a general audience site and do not direct any of our content specifically at children under 13 years of age. By using this website, you affirm that you are at least 13 years of age. If you are under 13 years of age, do not use this website. If we learn or have reason to suspect that a website user is not at least 13 years of age, we will promptly delete any personal information in that user’s account.
5. Acceptable Use. Season Three hereby grants you permission to access and use the Services provided your use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:
a. You may only use the Services for lawful activity. In addition, you may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
b. You may not interfere with or damage the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-service attacks, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology;
c. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms;
d. You may not modify another website so as to falsely imply that it is associated or affiliated with the website.
6. License to User Content. We may provide you with the opportunity to submit, post, or display content, such as photos, images, text, materials, information, data, opinions, reviews, messages, notes, graphics, designs, social media posts or other social media assets, or any other content (“User Content”). You can do this either: i) by uploading User Content directly to the website or ii) by sending us or otherwise permitting us to use User Content through other means (collectively, “Submitting”). By Submitting User Content, you automatically grant Season Three, its assigns, licensees and its third-party service providers (collectively, the “Licensed Parties”) a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free, fully paid-up license to use that User Content and your image, likeness, user name, social media handle, real name, caption, location, or other identifying information in connection with your User Content, in any manner in the Licensed Parties’ sole discretion, with no obligation to you whatsoever, for any lawful purpose, including, but not limited to, any commercial advertising/marketing, in any manner or media now or later developed, offline and online, including, without limitation, the right to display, reproduce, modify, translate, create derivative works, distribute, assign, commercialize, and sub-license that User Content to third parties for their lawful uses and purposes.
Licensed Parties are not obligated to feature, post or otherwise use any User Content, or to exercise any rights granted herein, but may do so at their sole discretion. By Submitting User Content, you represent and warrant that:
a. you own or control unencumbered, transferable rights to your User Content;
b. you have permission from all persons appearing in your User Content to allow you to provide the photo or video image of those persons as part of your User Content to the License Parties for commercial use;
c. Licensed Parties’ use of your User Content will not violate or infringe any law or the rights of any third party; and
d. you have reached the legal age of majority in your jurisdiction of residence.
If your User Content shows a child who is under the age of majority in their state of residence, you represent and warrant that either you are the parent or legal guardian of the child or that you have written permission from the child’s parent or legal guardian to provide the photo or video image as part of your User Content to the Licensed Parties for commercial use. By Submitting User Content, you hereby release, discharge and agree to hold harmless Licensed Parties and any person acting on behalf of Licensed Parties from all actions, claims, damages, liabilities, costs and expenses arising out of the use by Licensed Parties of the User Content. By Submitting User Content, you release and discharge Licensed Parties from any and all obligation to pay you for any use of your User Content and any of the intellectual property and publicity rights contained therein.
7. User Accounts.
a. You may choose to sign up for an account, and select a password and username (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person.
b. You must treat your user name, password, and any other piece of information required as part of our security procedures as confidential, and you must not disclose any of them to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security, including, but not limited to, if you lose your username or password. You agree to be responsible for any use of this website or portions of it using your username, password or other security information. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username or password whether chosen by you or provided by us, at any time if you have violated any provision of these Terms.
8. Content. The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and User Content (all of the foregoing, the “Content”), are protected by copyright and/or other intellectual property laws.
Further, you acknowledge that as between you and Season Three, the Services and Content, including all associated intellectual property rights, are the exclusive property of Season Three.
Conditioned upon your compliance with these Terms, Season Three grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the Services solely for your personal use and (ii) access and view any Content to which you are permitted access. You have no right to sublicense the licensed rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Season Three or its licensors, except for the licenses and rights expressly granted in these Terms.
9. No Endorsement or Liability for User-Generated or Third-Party Content on the Site. Although third-party content and User Content may be posted on this website, these postings do not constitute Season Three’s endorsement. Season Three does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of third-party content and User Content, and is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party content or the User Content. You hereby irrevocably waive any claim against Season Three with respect to third-party content and User Content.
10. Access to and Use of Website. We do not guarantee that the website, or any Content on it, will always be available or uninterrupted. Access to the website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all part of the website without notice. We will not be liable to you if, for any reason, our website is unavailable at any time or for any period. Although we make reasonable efforts to update the information on the website, we make no representations, warranties or guarantees, whether express or implied, that the Content on the website is accurate, complete or up to date.
11. DMCA – Copyright Complaint Policy, Infringement Notification. If you believe in good faith that certain Content on the website infringes your copyright rights, please provide the written information requested below. The procedure outlined below is exclusively for notifying Season Three that your copyrighted material has been infringed.
Please provide the following information in the following order (including section Numbers):
a. A clear identification of the copyrighted work you claim was infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
b. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the website, such as a link to the infringing material.
c. Your contact information so that we can reply to your complaint, preferably including your name, address, email address and telephone number.
d. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. This information and notification is accurate. Under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
e. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on the website should be emailed or mailed to:
Season Three Inc.
649 Morgan Avenue, Unit 1R2
Brooklyn, NY 11222
Phone Number: 617-580-2823
firstname.lastname@example.org, RE: Copyright Infringement
We suggest that you consult an attorney before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys’ fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above and applicable law, including but not limited to the Digital Millennium Copyright Act of 1998.
a. Payment and Billing Information. By providing a credit card or other payment method for the purchase of our Services, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we (or our third-party payment processor) encounter in order to proceed with your Order. You acknowledge that the amount billed may vary due to promotional offers, changes in the Services, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
b. Pricing and Availability. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. Products or services are subject to availability, and we reserve the right to cancel all or part of the Services and to discontinue making certain Services available without prior notice.
c. Shipping, Returns and Refunds. We accept returns postmarked within 15 days of the purchase date. Returns are only allowed for products in new and unused condition. To return purchases, please take the emailed invoice included with your order and the credit card used for the original purchase. The invoice will serve as your receipt. If you do not have your invoice, you will be credited the current price of the item. Season Three charges a $6.95 restocking fee, which will be deducted from the refunded amount back to your original form of purchase. To return your purchase, please contact email@example.com and request a return authorization. We reserve the right, in our sole discretion, to accept or reject any return request. If authorized, we will provide a return shipping label. Finally, once your return has been approved, your refund will be sent within 5-7 business days to your original form of purchase.
Any product shipped back to Season Three as “Return To Sender” for failure to deliver/receive/collect from the carrier or facility, will be subject to a $15 Return to Sender Fee to cover reshipment costs. All customers should receive tracking details upon dispatch, and are expected to monitor tracking progress for any delivery exceptions. Packages that fail to be delivered/collected/or received are sent back to Season Three at our expense. The customer will be notified of the Return to Sender by a service representative, and the delivery address will be re-confirmed, and the additional Return to Sender Fee will be made through the original payment method, prior to the re-shipment of product.
d. Representations and Warranties. By entering into any transaction through this website, you warrant and represent that all information you provide is true and correct (including, without limitation, your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through this website. If, in our sole discretion, we determine that:
i. Your means of payment is not valid,
ii. A transaction is not authorized,
iii. Your means of payment cannot be processed or verified at the time of any charge,
iv. A charge is disputed for any reason other than failure by us to deliver the product purchased by you,
v. You have abused or misused promotions or promotion codes, or
vi. You have otherwise used this website to enter into an improper transaction,
We reserve the right to immediately terminate any pending transactions, suspend your access to this website, and terminate all of our obligations hereunder.
13. Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that Season Three has the right, but not the obligation, to use the Feedback without any obligation to provide you credit, royalty payment, or ownership interest in any changes to the Services.
14. Third Party Content. By using the Services, Season Three may provide you with access to third party websites, information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that Season Three does not control those third-party websites and services, and cannot be held responsible for their content, operation, or use. Your use of those services is subject to their respective terms of service. Season Three does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by the third-party websites and services. Season Three disclaims any and all responsibility or liability for any harm resulting from your use of any third-party websites and services, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death, and you hereby irrevocably waive any claim against Season Three with respect to the content or operation of any third-party websites and services.
15. Warranties. YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND SEASON THREE INC., ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. SEASON THREE INC., ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
16. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SEASON THREE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limitation to the foregoing, this provision does not apply in New Jersey
17. Indemnification. You agree to release, defend, indemnify, and hold Season Three and any third party services Season Three uses harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
18. Notices. When you visit this website or send communications to us, you are communicating with us electronically. You consent to receive communications from us electronically. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Season Three (a) via email (in each case to the address that you provide) or (b) by posting to the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that communications be in writing.
19. No Waiver. The failure of Season Three to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
20. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Season Three’s prior written consent. Any attempt by you to assign or transfer these Terms without our consent will be null and of no effect. Season Three may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.
21. Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
22. Governing Law with Arbitration. These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in the United States of America, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with those Rules. Judgment upon the award rendered by an arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in the United States of America, New York. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Without limitation to the foregoing, this provision does not apply in New Jersey.
23. Entire Agreement. These Terms constitute the entire agreement between you and Season Three regarding your use of the Services, and supersede all prior written or oral agreements.
24. Contact Us. If you have any questions about the Services, please do not hesitate to contact us at firstname.lastname@example.org.