The following terms and conditions of use apply to all visitors to or users of the http://experience.justinbiebersomeday.com website (the "Site").
By visiting the Site, you accept without limitation or qualification these terms and conditions. Give Back Brands, LLC ("GBB" or "we") reserves the right to change these rules and regulations from time to time at its sole discretion. Your continued use of the Site following the posting of changes means that you accept and agree to the changes and are bound by any such revisions. You should therefore periodically visit this page to review the current rules and regulations. In the case of any violation of these rules and regulations, we reserve the right to suspend or terminate your access to the Site without notice, as well as all other remedies available to it by law for such violations. These rules and regulations apply to all visits to this Site.
You should also review our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices.
All materials contained on this Site are the copyrighted property of GBB. GBB authorizes you to copy materials published by us on this Site solely for your personal, non-commercial use. No other use of the information is authorized. Everything you download, the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by GBB. In consideration of this authorization, you agree that any copy of these materials that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of GBB or any third party. Any unauthorized use by you of the Site terminates the limited license without prejudice to any other remedy provided by applicable law or these Terms of Use.
In order to access or use some (or potentially all) of the features of this Site, you may need to become a registered user. The decision to become a registered user is optional; however, if you elect not to register with the Site, you understand that you may not be able to access or use certain features of the Site. You may access the Site only by using your account information, and you are responsible for safeguarding and maintaining the confidentiality of your account information.
You agree to (i) provide accurate, current and complete information about you as may be prompted by any forms for the Site ("Personal Information"); (ii) maintain and promptly update the Personal Information and any other information you provide to us, to keep it accurate, current and complete; (iii) maintain the confidentiality of your account information; and (iv) accept full responsibility for all consequences of all actions initiated and all conduct that occurs under your account. GBB's information collection and use policies with respect to User Information are set forth in GBB's Privacy Policy which is incorporated herein by reference for all purposes.
By uploading content to the Site or sending content to us through the Site or any other vehicle, you hereby grant us a perpetual, irrevocable, royalty-free license to use, display, catalog, modify, edit, adapt, compile, distribute or otherwise exploit any such content. Such uses can include creating a compilation of comments or sharing those comments with third parties. We may also use your name or screen name associated with such content. We shall not seek additional permission from you for any uses and you expressly waive any right of approval or compensation for such uses.
Should you provide GBB with information including feedback data, such as questions, comments, suggestions, or the like regarding the Site, or the content of any item, such information shall be deemed to be non-confidential and we will have no obligation of any kind with respect to such information. In addition, GBB shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, GBB shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, advertising, promoting, developing, manufacturing and marketing its products. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by GBB's Privacy Policy.
You are solely responsible for the content of any comments you make. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site or through the Site's services or features by users, and we are not responsible for any such materials posted by users. You agree that no comments submitted by you to this Site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; or (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this Site by you.
Images of people or places displayed on the Site, if any, are either the property of, or used with permission by, GBB and any unauthorized use of them may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. In other words, you may not use anything on our site without our written permission. Other Intellectual Property
The trademarks, copyrights, music, logos, service marks and other protectable intellectual property ("Marks") displayed or heard on this Site are the property of or licensed to Give Back Brands. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site without the prior written permission of GBB.
The Site may provide you with the ability to download certain items, such as wallpapers. You are hereby granted a personal, non-exclusive, royalty-free right and license to use such items. You may not redistribute such items or use them for any commercial purpose without our prior written consent.
Because international information is provided at this Site, not all products or programs mentioned will be available in your country. Please contact us or your local sales representative for information as to products available in your country.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests and promotions, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. GBB may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.
All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, colors, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
We do not permit our merchandise to be purchased for resale purposes. If we determine that an order appears to have been placed by a dealer, reseller or distributor, we may limit or prohibit it. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event we change or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number you supplied when the order was made.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with applicable shipping restrictions. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Creating or maintaining any link from another web site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another Site without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rules and regulations.
GBB makes no representation whatsoever regarding the content of any other web sites which you may access from this site. When you access a non-GBB web site, please understand that it is independent from us and that we have no control over the content on that web site. A link to a non-GBB web site does not mean that we endorse or accept any responsibility for the content or use of such web site.
Although we have attempted to provide complete and accurate information on the Site, GBB assumes no responsibility for the accuracy of information provided herein. We reserve the right to (i) modify, suspend or terminate the operation of or access to the Site, (ii) change the Site, its programs or products mentioned, or (iii) discontinue or interrupt the operation of the Site for required maintenance. Mention of any products or services on the Site is for informational purposes only and does not constitute an endorsement or a recommendation of the product or service.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. GBB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GBB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GBB DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. GBB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT GBB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GBB BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY DOWNLOADED MATERIALS, EVEN IF GBB OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GBB'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO GBB, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold us, and all of our officers, directors, owners, agents, employees, affiliates, subsidiaries, licensors and licensees (collectively, the "Indemnified Parties") harmless for and against any loss, damages or costs, including reasonable attorney's fees, resulting from any third party claim, action or demands resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of any data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.
All information contained on this Site is intended for the United States market. This Site is subject to United States export control laws and may also be subject to the laws of the country where you reside. You may not download or export any software or certain technical data from this Site (i) into (or to a national or resident of) any country to which the United States has embargoed goods, including, but not limited to, Cuba, North Korea, Iran, Syria and Sudan, or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using any software or technical data, you represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list.
This agreement to be bound by these Terms of Use is effective unless and until terminated by either you or GBB. You may terminate this Agreement at any time by no longer using this Site, provided that all prior uses of this Site shall be governed by this Agreement. GBB may terminate this Agreement at any time and without notice, and accordingly deny you access to this web site, in GBB's sole discretion for any reason, including your failure to comply with any provision of this Agreement. Upon any termination of this Agreement by either you or GBB, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
These rules and regulations shall be construed in accordance with the laws of the State of New York, except that the federal laws of the United States shall govern all issues of copyright and trademark law. Notwithstanding the foregoing, no choice of law doctrine shall be used to apply the laws of any jurisdiction other than New York. Any action seeking legal or equitable relief arising out of or relating to this Site will be brought only in the courts of the State of New York, County of New York, or in the United States District Court for the Southern District of New York.
If any provision of these Terms of Use shall be held unlawful, void or unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you 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; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Give Back Brand's designated Copyright Agent to receive notifications of claimed infringement is Give Back Brands, LLC, P.O. Box 737, Closter, NJ 07624, email: GiveBackBrands@ecustomerresponse.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to GiveBackBrands@ecustomerresponse.com You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Under Use & Disclosure in the privacy policy, need to add a bullet about how GBB will use any photos or other content submitted by users.
We hope you will not find any reason to return your product from the website - justinbiebersomeday.com - but if you do, we back all of our products with a 30-day money-back guarantee. (Your guarantee period may be more than 30 days if you ordered certain products during a special promotion). Simply call Customer Service to get your Return Authorization Number to return it for a full refund of the purchase price. Please note that only products purchased from justinbiebersomeday.com may be returned to us for a refund.
Our money-back guarantee starts at the date of delivery. Returns must be postmarked within money back guarantee period, so call us within that time period at 800-982-4405 for a Return Authorization Number and instructions. Remember that while the cost of the product is refundable, shipping and handling is not. Our Customer Service representatives are available 7am to 7pm Mountain time - Seven Days a week to help you.
Give Back Brands, LLC
PO Box 737
Closter, NJ 07624
Make a copy of the completed return label sticker for your records.
Of course, if you have any questions, please call our Customer Service number 800-982-4405.
If you have any questions, comments or concerns about our Site or these Terms of Use, you may email us at givebackbrands@ecustomerresponse.com.
This Terms of Use statement was last updated on May 24, 2011.
©2011 Give Back Brands, LLC.
Give Back Brands, LLC ("GBB,” "we," "us") shares the concerns of visitors ("Visitors," "you") to the internet, including this web site (the "Site"), about the online protection of personal information. This privacy policy (the "Policy") describes our practices regarding the privacy of information that we collect through the Site, which is hosted and operated from the United States. This Policy does not govern our collection of information through any other web site, or the collection of information by any subsidiary, sponsor or affiliated company ("Affiliated Entities").
We encourage you to read this Policy before using our Site. By using the Site, you agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not use the Site.
We gather two basic types of information through the Site: "Personal Information," information from which an individual can be identified, and "Aggregate Information," from which an individual cannot be identified.
GBB has procedures in place to keep your Personal Information accurate, complete and up to date for the purposes for which it is collected and used. You may review the information we have collected and where appropriate you may request that it be modified by:
Please clearly indicate the information that you wish to review or have changed in your correspondence. We will endeavor to comply with your request as soon as reasonably possible, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation.
From time to time, we may ask you to indicate whether you are interested in receiving emails and other information from GBB or our marketing partners. If you elect to receive these communications, we will occasionally send you emails or other information that match your requests and may offer you promotions and coupons. You may choose to prevent GBB from disclosing or using your Personal Information under certain circumstances or not to receive promotional emails. To “opt out,” please contact us at the addresses listed above in Contacting Us or, if applicable, use the unsubscribe feature in the email you received. We will process your request within a reasonable time after receipt, but please note that if you “opt out” as described above, we will not be able to remove your Personal Information from the databases of any third party who has previously been provided with your information. If you wish to stop receiving promotional materials from such third parties, please contact them directly or use the opt out mechanism provided in their respective privacy policies or marketing messages.
We reserve the right to change this Policy, and any of our policies or procedures concerning the treatment of information collected through the Site, without prior notice. You can determine when this Policy was last revised by referring to the "Last Updated" legend at the bottom of this page. Any changes to our Policy will become effective upon posting of the revised Policy on the Internet, accessible through the Site. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect. We encourage you to periodically review this page to ensure familiarity with the most current version of our Policy.
If you are a customer of GBB and a California resident (a “California customer”), you may, pursuant to California Civil Code sections 1798.83-1798.84, request information about whether GBB has disclosed personal information to any third parties for the third parties’ direct marketing purposes. To make such a request, please write to us at the following address: gbbcs@innotrac.com. Please note that GBB is only required to respond to one request per California customer each year.
This Privacy Policy was last updated on May 24, 2011.
©2011 Give Back Brands, LLC
If you have any further questions, we can be reached via email, phone or by mail.
GiveBackBrands@ecustomerresponse.com
800-982-4405, 7 AM to 7 PM MDT - 7 days a week
Give Back Brands, LLC
P.O. Box 737
Closter, NJ 07624, USA