These Lockerz Website Terms of Use(the "Terms of Use") explain the contractual agreement between you ("you", "your") and Lockerz, LLC ("Lockerz","we," "us," "our"), regarding your useof and access to the website located at www.Lockerz.com (the "Website").
ACCEPTANCE
Your access to and use of this Websiteis subject to your acceptance of and compliance with these Terms of Use. Lockerz reserves the right to change these Terms of Use from timeto 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 Websiteas 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 associated with your membershipaccount shall be maintained by you as confidential and should not be shared by you with anyone not authorized to have access to your personalinformation.
MEMBERSHIP ACCOUNT
Users are prohibited from selling,trading or transferring their Lockerz membership account (including, but not limited to, selling, trading or transferring e-mails associatedwith such account, and/or PTZ earned through such account). You agree to provide accurate and complete information about yourself when registering,and to accept responsibility for all activities that occur under your account or password. Users may only have one membership account. Theregistration of multiple accounts by or for the same person, or any action taken to try to circumvent the membership eligibility, properworking of the PTZ system or otherwise, shall be considered a breach of these Terms of Use. Upon any such breach, Lockerz may terminate allsuch accounts and/or PTZ associated therewith, prohibit further use by such individual or individuals of the Website, or take other actionsdeemed necessary by Lockerz in its sole discretion.
MEMBER COMMUNICATION
The Website may provide Members withthe 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 termsof our Privacy Policy.
OWNERSHIP
This Website and the content and allintellectual property rights included in or associated with the Website, including, but not limited to patents, copyrights, trademarks, servicemarks and logos (collectively "Content"), are owned or licensed by us, and all right, title and interest in and to the Website and Contentremains with us. Except as ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, Contentmay not be utilized, copied, distributed, re-published, uploaded, posted, modified, reverse-engineered, or transmitted in any manner inconsistentwith these Terms of Use, including, but not limited to, use of such Content for commercial purposes (e.g., sale of merchandise with theLockerz logo on it). Certain Content may be licensed from third parties and all such third-party content and intellectual property rights relatedto such Content belongs to the respective third parties. In any event, you may not remove any copyright, trademark, logo or other intellectualproperty or proprietary notice or legend contained on the Website or in the Content.
USER FEEDBACK AND SUBMISSIONS
Lockerz welcomes your feedback, butif you send us your feedback, creative or original concepts or ideas, or any confidential, proprietary or other 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, andany such Submissions and shall not be considered confidential upon submission to Lockerz. Further, by providing Submissions to Lockerz via the Websiteor otherwise, you: a) represent that you own or have the right to utilize and disclose such Submissions; b) automatically grant Lockerz a perpetual,worldwide, unlimited, irrevocable, transferable, assignable, sublicenseable, royalty-free license to use the Submissions, and exercise all copyright,publicity and other rights with respect to any such Submissions; and c) subject to existing laws, waive any moral rights you or your licensorshave in any such Submissions."
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 constitutea property right or interest. PTZ may be redeemed immediately or accrued over time, up to 12 months. PTZ will expire on a rolling monthly basisif not redeemed within 12 months. Lockerz may discontinue the Pointzprogram or revise the Pointz program terms and conditions at any time.
All PTZ terminate upon any terminationof your membership. Please see the official PTZ Rules for additional terms applicable to acquiring and using PTZ.
TERMINATION
Lockerz shall have the right to terminateyour use of the Website and/or your Membership privileges any time for any reason, including, but not limited to, your breach of these Termsof Use or your breach of the PTZ Rules. Following any such termination, Lockerz shall have no further obligations, responsibilities, or liabilitiesto you. Notwithstanding anything to the contrary contained herein, in the event that Lockerz terminates your use rights, Lockerz shall inno way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards,costs and liabilities occasioned by your breach of these Terms of Use or the PTZ Rules.
PROHIBITED ACTIVITIES
You may not create fake or temporaryemails for any purpose in conjunction with sending invites or earning PTZ on Lockerz. You may not sell or purchase Member accounts and/orassociated e-mail addresses or PTZ, and you may not sell invitations for membership (via an e-mail invitation website or otherwise). Youmay not use any device, software or routine intended to damage or interfere with the proper working of the Website or to surreptitiously interceptor expropriate any system, data, images or other multimedia elements or personal information from the Website. You may not take any actionwhich 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.
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 cheat the PTZ system (including, but not limited to, assisting othersin cheating the PTZ system), you cheat the community, and for that you will lose your membership.
LINKING AND THIRD PARTY CONTENT
The Website may contain links to third-partywebsites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible forthe contents of any linked site or any link contained in a linked site. The Website may contain news, advertisements, content and informationpublished 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,and you agree to abide by such other terms and conditions.
LAWS AND REGULATIONS
You agree to comply with all applicablelaws, statutes, ordinances and regulations regarding: (i) use of the Website and its Content and (ii) release of information to and retrievalof information from the Website. To the extent that any applicable taxes apply to your use of the Website, you are responsible for the paymentof such taxes. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information contained inthe 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 of Use; (iii)the illegality, reliability, appropriateness, originality or copyright of any Submission; and/or (iv) any intentional wrongdoing by you whetherby action or omission.
COMPATIBILITY
Lockerz is not responsible for yoursoftware or browser compatibility with the Website, and access to the Website and its features may depend on your software or browser capabilityand functionality.
DISCLAIMER OF WARRANTIES
LOCKERZ MAKES NO REPRESENTATIONS ORWARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULARPURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THIS WEBSITE OR ANY INFORMATION PROVIDED HEREIN OR THE AVAILABILITY OF THIS WEBSITE OR THEACCURACY 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, CONTENT, MERCHANDISE AND EXPERIENCESPROVIDED VIA THE WEBSITE. LOCKERZ SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIALOR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR PURCHASE OR USE 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 INJURYOR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF LOCKERZ HAS BEEN INFORMED INADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY LOCKERZ. REGARDLESS OF WHETHER ANYREMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, LOCKERZ' TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOTEXCEED $50.
GOVERNING LAW
These Terms of Use shall be governedby 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 of Use shall be heard exclusively in the state and federal courts located in theCommonwealth of Pennsylvania, Allegheny County, and each of the parties hereto expressly consents and submits to the exclusive jurisdictionand venue of such courts. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidentalor consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimersand limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.
AGE VERIFICATION
By registering as a Member, you certifythat you are 13 years of age or older. Children under the age of 13 may not become a Member, and parents or legal guardians may not agreeto these Terms of Use on their behalf. If you are a resident of a state, province or country that imposes additional or different age requirementsfor disclosure of personally-identifiable information, by registering as a Member, you hereby represent that your registration as a Member,the provision of your personally-identifiable information to us, and our use of such personally-identifiable information as stated in ourPrivacy Policy, does not violate the applicable laws or regulations of such state, province or country.
MISCELLANEOUS
Members or other recipients of freeor purchased merchandise from Lockerz are responsible for all applicable taxes and duties (including, but not limited to, country-specific importduties and taxes). To learn more about country-specific duties and taxes, go to http://www.fedex.com/us/international/irc/profiles/?link=2. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use 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 of Use, 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 of Use or the Website, please contact us by email at
info@lockerz.comor by telephone at 412-745-5800.
PTZ Rules
