These Lockerz Website Terms and Conditions of Use (the "Terms and Conditions") explain the contractual agreement between you ("you", "your") and Lockerz, LLC ("Lockerz", "we," "us," "our"), regarding your use of and access to the website located at www.Lockerz.com (the "Website").
ACCEPTANCE
Your access to and use of this Website is subject to your acceptance of and compliance with these Terms and Conditions. Lockerz reserves the right to change these Terms and Conditions from time to time, without liability to you, and your continued use of this Website constitutes your acceptance of and agreement with any such changes.
USERS
Users will either access the Website as a visitor, with no ability to access services provided by Lockerz for users that have elected to become members by registering as a Lockerz(tm) Member ("Member"), or as a Member with the ability to use such Member services. Upon your completion of the Member registration, you will be deemed to have opted in to receive e-mail communication from us. Any user IDs, names or passwords provided to you by Lockerz shall be maintained as confidential and should not be shared with anyone not authorized to have access to your personal information. Users are prohibited from selling, trading or transferring their Lockerz account. You agree to provide accurate and complete information about yourself when registering on the site, and to accept responsibility for all activities that occur under your account or password.
Users may only have one membership account. The registration of multiple accounts by or for the same person, or any action taken to try to circumvent the membership eligibility, proper working of the PTZ system or otherwise, shall be considered a breach of these Terms and Conditions and Lockerz may terminate all such accounts, prohibit further use by such individual or individuals of the Website, void any PTZ acquired via such Member accounts, or take other actions deemed necessary by Lockerz in its sole discretion.
The Website may provide Members with the ability to send email messages and post messages to others on the Website. Lockerz has the right, but not the obligation to, monitor, decline, edit or remove all or a portion of any postings, submissions or content.
By utilizing the Website or sending e-mails to Lockerz, you consent to receive communications from Lockerz.
PRIVACY
You agree to be bound by the terms of our Privacy Policy.
OWNERSHIP
This Website and the content and all intellectual property rights included in or associated with the Website, including, but not limited to patents, copyrights, trademarks and service marks (collectively "Content"), are owned or licensed by us, and all right, title and interest in and to the Website and Content remains with us. Except as ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, Content may not be copied, distributed, re-published, uploaded, posted, modified, reverse-engineered, or transmitted in any manner inconsistent with these Terms and Conditions. Certain Content may be licensed from third parties and all such third-party content and intellectual property rights related to such Content belongs to the respective third parties. In any event, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Website or in the Content.
User Feedback and other Submissions.
Lockerz welcomes your feedback, but if you send us your creative or original concepts or ideas or any confidential or proprietary information ("Submissions"), Lockerz will be free to use or not use any such Submissions. Lockerz shall not be required to compensate you for any such Submissions or feedback, or use any such Submissions or feedback, and any such Submissions and feedback shall not be considered confidential. Further, by providing Submissions or feedback to Lockerz via the Website or otherwise, you: a) represent that you own or have the right to such Submissions or feedback; b) automatically grant Lockerz a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sublicenseable, royalty-free license to use the Submissions and feedback, and exercise all copyright, publicity and other rights with respect to any such Submissions and feedback; and c) subject to existing laws, waive any moral rights you or your licensors have in any such Submissions or feedback."
POINTZ
Lockerz Pointz(tm)(PTZ), are not redeemable for cash and have no cash value. Pointz are purely promotional in nature, are only for use on the Website, and do not constitute a property right or interest. Points may be redeemed immediately or accrued over time, up to 12 months. Points will expire on a rolling monthly basis if not redeemed within 12 months. Lockerz may discontinue the Pointz program or revise the Pointz program terms and conditions at any time.
All PTZ terminate upon any termination of your membership. Please see the official PTZ Rules for further information regarding acquiring and using PTZ.
TERMINATION.
Lockerz shall have the right to terminate your use of the Website and/or your Membership privileges any time for any reason, including, but not limited to, your breach of these Terms and Conditions. Following any such termination, Lockerz shall have no further obligations, responsibilities, or liabilities to you. Notwithstanding anything to the contrary contained herein, in the event that Lockerz terminates your use rights contained herein, Lockerz shall in no way be precluded from pursuing any and all of its rights and remedies, either at law or in equity, for any claims, damages, awards, costs and liabilities occasioned by your breach of these Terms and Conditions.
Remember, pigs get fat - hogs get slaughtered.
At Lockerz, our membership is more than access to fabulous brands at amazing prices or discovering the coolest new music artists or videos. It's more than joining a social network that puts its customers first and rewards its membership with PTZ for making it thrive. It's a community - of your friends, our friends and friends you've yet to make. So if you work hard to cheat the PTZ system, you cheat the community and for that, you will lose your membership.
PROHIBITED ACTIVITIES
You may not create fake or temporary emails for any purpose in conjunction with sending invites or earning PTZ on Lockerz. You may not use any device, software or routine intended to damage or interfere with the proper working of the Website or to surreptitiously intercept or expropriate any system, data, images or other multimedia elements or personal information from the Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, auto-generation techniques, "spam" or any other such unsolicited overload technique.
LINKING AND THIRD PARTY CONTENT
The Website may contain links to third-party websites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. The Website may contain news, advertisements, content and information published by various third-party providers. Use of any such third-party content may be conditioned upon such third party's terms and conditions.
ADDITIONAL TERMS AND CONDITIONS
Additional terms and/or conditions (e.g. purchase and return policy terms and use of Pointz) may apply to specific areas of the Website or to Member services or Website functionality. You agree to abide by such other terms and conditions.
LAWS AND REGULATIONS
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Website and (ii) release of information to and retrieval of information from the Website. To the extent that any applicable taxes apply to your use of the Website, you are responsible for the payment of such taxes. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information contained in the Website, as applicable, to any applicable government agencies, all without liability to us.
INDEMNIFICATION
You agree to indemnify, save, defend, reimburse and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees), etc. resulting from: (i) your use of the Website; (ii) your breach of any provision of these Terms and Conditions; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission via the Website; and/or (iv) any intentional wrongdoing by you whether by action or omission.
DISCLAIMER OF WARRANTIES
LOCKERZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, WARRANTIES OF FITNESS, PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THIS WEBSITE OR ANY INFORMATION PROVIDED HEREIN OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE WEBSITE.
LIMITATION OF LIABILITY
LOCKERZ SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE WEBSITE AND THE INFORMATION, MERCHANDISE AND EXPERIENCES PROVIDED VIA THE WEBSITE. LOCKERZ SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, PURCHASE OF PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA THE WEBSITE (INCLUDING VIA REDEMPTION OF PTZ), INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF LOCKERZ HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY LOCKERZ. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, LOCKERZ' TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50.
GOVERNING LAW
These Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws principles. All disputes arising out of or with respect to these Terms and Conditions shall be heard exclusively in the state and federal courts located in the Commonwealth of Pennsylvania, Allegheny County, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.
COPPA
Pursuant to the terms of the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect personally identifiable information from children under the age of thirteen (13). The Website is not directed at children under the age of thirteen (13), and by using the Website, you represent that you are not under the age of thirteen (13). Notwithstanding the above, should a child under the age of thirteen (13) wish to utilize this Website, the parent or guardian of the child must contact Customer Service by email at privacy@lockerz.com or by telephone at 412-745-5800, prior to disclosing any personal information of such child. Notwithstanding the above, if a parent provides their child's information to us, such parent hereby consents to our use of such information in accordance with our Privacy Policy.
MISCELLANEOUS
Members or other recipients of free or purchased merchandise from Lockerz are responsible for all applicable taxes and duties. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. You agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. These Terms and Conditions, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof. If you have any problems, questions, suggestions or complaints about these Terms and Conditions or the Website, please contact us by email at info@lockerz.com or by telephone at 412-745-5800.
Terms and Conditions for the PTZ Place Redemption Program
- 1.PTZ will be awarded for purchases, site activities, charitable donations, and as otherwise determined by Lockerz, as specified at www.lockerz.com.
- 2.PTZ may only be redeemed at www.lockerz.com in accordance with the specific PTZ-redemption offer.
- 3.Lockerz may, without prior notice and in its sole discretion, alter, limit, or modify program rules, regulations, PTZ earning structure, PTZ redemption levels, or any other feature of the PTZ Place program at any time.
- 4.Members may only earn and use PTZ via one membership account. The creation of multiple membership accounts by or for one individual and the use of PTZ earned by or awarded to such accounts is prohibited. Lockerz reserves the right to void the membership and/or redemption privileges of any person(s) who have wrongfully earned PTZ, whether via deception, forgery, fraud, or otherwise, or have breached these PTZ Place program terms and conditions or the Website Terms and Conditions of Use.
- 5.Only the individual member who makes the purchase or engages in the PTZ-generating activity may earn and use PTZ. PTZ are not transferable from one Lockerz account to another. PTZ may not be reproduced, are not redeemable for cash, and are good for one-time use only. PTZ will be deducted from the member's account at the time of redemption.
- 6.Credits for merchandise returns and other financial adjustments made by Lockerz will be deducted from the PTZ balance.
- 7.Members are solely responsible for determination of any tax or other fees, service charges or liability arising out of earning or redeeming PTZ.
- 8.Members are subject to and shall comply with any additional terms, conditions and restrictions that apply to specific redemptions.
- 9.Points may be redeemed immediately or accrued over time, up to 12 months. Points will expire on a rolling monthly basis if not redeemed within 12 months.
- 10.LOCKERZ SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) TO A MEMBER OR ANY THIRD PARTY, INCLUDING FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH A MEMBER'S REDEMPTION OF PTZ FOR MERCHANDISE, EXPERIENCES OR OTHERWISE.
Lockerz International Member Promotion Rules
Entries are free of charge. No purchase is necessary to enter or win. A purchase will not improve your chances of winning. You are not a winner yet. Participation is subject to compliance with these Rules and the Lockerz Privacy Policy, as stated at www.lockerz.com. VOID WHERE PROHIBITED BY APPLICABLE LAW.
Enter by (a) already being or by becoming a Lockerz Member, or (b) mailing your name, address, date of birth (must be at least 13 years old to enter), and email address to: Lockerz, LLC, 2840 Liberty Ave., Suite 403, Pittsburgh, PA 15222 USA, ATTN: LOCKERZ INTERNATIONAL MEMBER PROMOTION. All entries must be received by Lockerz by 11:59 pm EDST, August 20, 2009. Lockerz is not responsible for lost, late or invalid entries, the failure to capture invitation, Member or entry information, or for other errors of any kind, whether human, technical or electronic regarding the verification of new Members or the invitation to join Lockerz.
The sweepstakes will begin August 14, 2009 and will end at 11:59 pm EDST, August 20, 2009. There is a limit of one entry per person. Odds of winning depend on the number of eligible entries received. The winning entry will be selected at random.
One MacBook ® (suggested retail value $800) will be given away to one eligible entrant (provided the entrant meets all eligibility requirements and, subject to the laws of the country, province, state and/or jurisdiction of such entrant's legal residence, is legally permitted to participate in this sweepstakes and redeem the prize and such a sweepstakes is not a prohibited activity in such entrant's place of legal residence).
Lockerz may contact you with promotional offers and communications if you have entered one of its contests or sweepstakes. You may opt out of receiving promotional offers and communications in the manner set forth in the Lockerz Privacy Policy. Opting out of promotional offers and communications will not affect your chances of winning.
Decisions of Lockerz with regard to winning entries are final. Contest winners will be posted at www.lockerz.com on August 24, 2009, for a period of two weeks.
The entrant is responsible for all costs not specifically included in the prize description, including, but not limited to, all taxes, duties and governmental fees. All entries are owned by Lockerz, LLC. No prize substitutions shall be awarded, except at the discretion of Lockerz, LLC. All prizes will be awarded. Entrants must comply with the rules and any fraud and/or non-compliance will result in disqualification. If the first winner selected does not meet eligibility requirements, another winner will be selected at random.
Employees, officers, directors, agents and representatives of Lockerz, LLC, anyone else connected with the production and distribution of the applicable contest and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and those living in their household (whether or not related) are not eligible to enter or win.
Apple iPod touch® is a registered trademark of Apple, Inc.
