TERMS OF USE

Last Updated: 02/26/2009

Welcome to http://www.TumblerandTipsy.com (the “Site”). Please read the following Terms of Use carefully before using this Site and purchasing products or services from our Site so that you are aware of your legal rights and obligations with respect to Tumbler and Tipsy, Inc. and its affiliates and subsidiaries (individually and collectively, “we,” “us,” or “Tumbler and Tipsy”). By using this Site, you signify your irrevocable acceptance of this Terms of Use. Tumbler and Tipsy has the right to revise this Terms of Use at any time without providing notice to its users. Your continued use of this Site shall be deemed irrevocable acceptance of those revisions. Tumbler and Tipsy may also remove portions of this Site or add to this Site from time to time without providing notice to you.

1. Limited License

Tumbler and Tipsy grants you a limited license to access and use the Site subject to the terms and conditions of this Terms of Use. However, this license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or content), other than for the purchase of products or services from our Site. You may download any downloadable materials displayed on the Site for your personal use only.

You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, Tumbler and Tipsy’s trademarks, logos or other proprietary information, the content of any text, any of the Materials (as defined below), or the layout and design of any page (or form contained on a page) without Tumbler and Tipsy’s express written consent. Further, you may not use any circumvention tools, meta tags or any other “hidden text” utilizing a Tumbler and Tipsy name, trademark, URL, or product name without Tumbler and Tipsy’s express written consent.

2. Tumbler and Tipsy Privacy Policy

Your use of the Site is subject to Tumbler and Tipsy’s Privacy Policy. For information on Tumbler and Tipsy’s Privacy Policy, please click here.

3. Site Contents

Tumbler and Tipsy, its subsidiaries or affiliated companies or third-party providers hold the copyright for all copyrighted and copyrightable materials on the Site, including, but not limited to the text, images, forms, logos, graphics, audio clips, video clips, photographs, and illustrations, including the selection and arrangement of such elements (collectively, the “Materials”). Such Materials are protected by United States and international copyright laws, as well as other intellectual property laws. In addition, the entire Site is copyrighted as a collective work under United States and other copyright laws.

Any copying, uploading, reproduction, transmittal, publication or redistribution of the Materials which is not in accordance with this Terms of Use is strictly prohibited. Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading.

All trademarks, service marks, logos, trade names, and any other proprietary designations of Tumbler and Tipsy used herein are trademarks or registered trademarks of Tumbler and Tipsy. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties. All right, title, and interest in the trademarks, including all goodwill associated with the trademarks, shall remain vested in Tumbler and Tipsy or the respective third parties. You agree that except as otherwise permitted in this Terms of Use, the copying, reproduction, use, transmittal, publication, redistribution or modification of the trademarks is strictly prohibited.

4. Product Purchases and Your Account

When you purchase products or services through our Site, or if you create an account on our Site, you will be required to provide us with a valid email address and create a password. It is your sole responsibility to keep your password confidential and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Tumbler and Tipsy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Tumbler and Tipsy cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

When you purchase products or services through our Site, or create an account with us, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s information request form, and (b) maintain and promptly update your account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Tumbler and Tipsy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tumbler and Tipsy has the right to suspend or terminate your account, cancel your order, and refuse any and all current or future use of the Site (or any portion thereof).

5. Your Communications to Tumbler and Tipsy

You agree that all comments, suggestions, and ideas disclosed or submitted to Tumbler and Tipsy by you that relate to this Site, its design, its contents or any products or services offered by Tumbler and Tipsy shall be and will remain the sole property of Tumbler and Tipsy. Such disclosure or submission to Tumbler and Tipsy shall constitute an assignment to Tumbler and Tipsy of all worldwide rights, title and interests in the comments, including any intellectual property rights contained therein. You acknowledge and agree that Tumbler and Tipsy shall have the right to use any such disclosure as it desires, including the incorporation of your ideas into the Site, without any further obligation to you, including any obligation to maintain any of your comments, suggestions or ideas in confidence, or pay any compensation to you. In addition, you acknowledge and agree that, in the event you participate in any contest or promotion, Tumbler and Tipsy shall have the right to use information you provide for marketing and promotional purposes. Notwithstanding the foregoing, the provisions of this paragraph do not apply to personal information that is subject to our privacy policy, which is subject to separate provisions. Please see our Privacy Policy.

Tumbler and Tipsy does not want to receive confidential or proprietary information from you through the Site or by email and you agree that any comments, suggestions or ideas submitted by you to us will not violate any intellectual property right or privacy right of any third party.

6. Tumbler and Tipsy’s Communications to You.

You agree that Tumbler and Tipsy may send email to you for the purpose of informing you of modifications or additions to our Site, about any of Tumbler and Tipsy’s products or services, or for such other purposes as Tumbler and Tipsy deems appropriate, including communications related to contests and promotions.

7. Online Conduct

In consideration of your use of our Site, you promise that you will not:

  • remove any proprietary notices from this Site;

  • cause, permit or authorize the modification, creation of derivative works, or translation of this Site without the express permission of Tumbler and Tipsy;

  • use this Site for any commercial purpose (other than for the purchase of products or services from Tumbler and Tipsy) or the benefit of any third party or any manner not permitted by the licenses granted herein;

  • use the Site in any way that would violate any applicable law, regulation or ordinance;

  • use the Site for fraudulent purposes;

  • attempt to decompile, reverse engineer, disassemble or hack this Site, or to defeat or overcome any encryption and/or digital rights management technology implemented by Tumbler and Tipsy with respect to this Site, and/or data transmitted, processed or stored by Tumbler and Tipsy;

  • take any steps to interfere with or in any manner compromise any of Tumbler and Tipsy’s security measures or interfere with or disrupt the Site and/or the servers or networks connected to the Site;

  • obstruct or otherwise interfere with the normal performance of another person's use of the Site;

  • allow usage by others in such a way as to violate these Terms of Use or any other Terms of Use or policies adopted by Tumbler and Tipsy from time to time;

  • sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your account, or password, including, without limitation, on or through the use of a third party website or service; or

  • do anything that violates this Terms of Use in any other way.

    8. Our Products

    Tumbler and Tipsy tries to ensure that the representations of Tumbler and Tipsy products that are included in our Site, including the colors of our products, are as accurate as possible. However, you should recognize that the colors of our products as they appear on your monitor may differ from those you actually receive if you place an order. Similarly, the fit of products may differ from the fit as depicted on models. If you are dissatisfied with any of the products or services you receive from Tumbler and Tipsy as a result of placing an order through our Site, you may return it to us in accordance with our Return Policy.

    9. Disclaimer

    THIS SITE, AND ALL THE CONTENTS OF THIS SITE, ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY TUMBLER AND TIPSY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, TUMBLER AND TIPSY DOES NOT WARRANT THAT THIS SITE AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

    YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

    Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

    10. Limitation of Liability

    IN NO EVENT SHALL Tumbler and Tipsy BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE INABILITY TO USE THE SITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) EVEN IF Tumbler and Tipsy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO TERMINATE YOUR USER ACCOUNT AND DISCONTINUE ANY USE OF THIS SITE.

    Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

    11. Links to Third Party Sites

    Links provided to other sites by Tumbler and Tipsy, if any, are provided as a courtesy only, and the sites they link to are not under the control of Tumbler and Tipsy in any manner whatsoever. Therefore, Tumbler and Tipsy is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Tumbler and Tipsy is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Tumbler and Tipsy of any linked site and/or any of its content therein.

    12. Term of Use

    The license for use of this Site is effective until terminated. This license will terminate as set forth elsewhere within this Terms of Use. In addition, you agree that Tumbler and Tipsy, in its sole discretion, may terminate your password, and/or user account, and remove and discard any of your stored information for any reason, including, without limitation, lack of use or if Tumbler and Tipsy believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Use at any point during the Term. Tumbler and Tipsy may also in its sole discretion and at any time, discontinue providing this Site, with or without notice. You agree that any termination of your access to this Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Tumbler and Tipsy may immediately deactivate or delete any information stored in your account, as applicable, and all related information. Tumbler and Tipsy reserves the right to bar any further access to such information and this Site. You agree that Tumbler and Tipsy shall not be liable to you or any third-party for any termination of your access to this Site. Sections 2 through 16 of this Terms of Use shall survive any termination or expiration of the license for the use of this Site.

    13. Your Representations and Warranties

  • You represent and warrant that:

  • you possess the legal right and ability to enter into this Terms of Use and to comply with its terms;

  • you will use this Site for lawful purposes only and in accordance with this Terms of Use and all applicable laws, regulations and policies;

  • you will only use this Site on a computer on which such use is authorized by the computer's owner.

    14. Indemnity

    You agree, at your own expense, to indemnify, defend, and hold harmless Tumbler and Tipsy, its employees, agents, and representatives against claim, suit, action, or administrative proceeding brought against Tumbler and Tipsy, its employees, agents, and representatives to the extent said claim, suit, action, or administrative proceeding arises out of, or is related to your use of the Site, your violation of this Terms of Use, or your violation of any rights of another, including but not limited to their intellectual property rights. Without limiting the generality of the foregoing, the indemnification agreement hereunder extends to, among other things, any claim, suit, action, or administrative proceeding arising out of: (1) your use or misuse of the Site; (2) access or use of the Site by someone else using your computer or account; and (3) a violation of the Terms of Use or any policy or guidelines referenced herein by you or anyone using your computer or account. This indemnification agreement applies to any claim, suit, action, or administrative proceeding that is directly or indirectly related to the Site, including by way of illustration a claim, suit, action, or administrative proceeding that your use or access or another person's use or access of your computer or account infringes any copyright, trademark, service mark, patent, trade secret, right of publicity, or other proprietary right under any U.S., International, foreign, or state law. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney's fees and costs awarded or incurred by or in connection with any such claim, suit, action, or administrative proceeding.

    15. Severability

    If any provision of this Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

    16. Return Policy

    Prior to returning any item, Buyer must contact Seller's returns department by emailing the return department which can be reached at info@TumblerandTipsy.com. Seller in turn shall provide Buyer written instruction on how to return product. Tumbler and Tipsy will provide a full refund less original shipping and insurance charges for all items received within 30 days of when the items were shipped, provided the items are unworn, unwashed, with all original tags attached, and free of defects. No returns are accepted after 30 days from the ship date. Original shipping charges are non-refundable. If you receive a defective product, you must notify us within three days of receiving the product to be eligible for a return. Tumbler and Tipsy shall not be responsible for return shipping charges.

    17. Miscellaneous

    You may not assign any rights granted to you hereunder. Nothing in this Terms of Use shall constitute a partnership or joint venture between you and Tumbler and Tipsy. The failure of Tumbler and Tipsy at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Use shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any legal proceeding arising out or relating to this Terms of Use against or relating to Tumbler and Tipsy or any indemnified party under this Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Los Angeles, California and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Use and any agreements included or referred to in this Terms of Use constitute the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

    If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Site, please contacts us at: http://www.TumblerandTipsy.com.

    ©2009 Tumbler and Tipsy, Inc. All rights reserved.