(Last updated: 11/9/2018)
This website and any related communications, including emails to Poolside (collectively, the “Website”) are provided by Poolside Brands, LLC (“Poolside”) for informational, non-commercial purposes, subject to the following Terms and Conditions (“Terms”) and any modifications thereto. As used herein, the terms “Poolside”, “we” or “us” shall mean Poolside Brands, LLC and its affiliates and subsidiaries. The terms “you” and “user” shall mean any visitor to the Website.
Please read the following Terms carefully. By accessing, viewing, using or otherwise interacting with the Website, you agree to be bound by these Terms.
These Terms are subject to change without notice, from time to time in our sole discretion, and without actual notice to you. You are responsible for being familiar with the current version of these Terms posted on the Website during each session. By using this Website after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept the Terms, please do not use this Website.
No individual under the age of 21 may access, view, use or otherwise interact with this Website, provide any information to Poolside, or make any Contribution (as defined below). By using or accessing this Website, you represent and warrant that you are 21 years of age or older. If you are under the age of 21, you may be in breach of the law, and you should cease use of this Website immediately.
You may restrict access to this Website using content filtering software or by changing your computer settings (e.g. browser or operating system), as appropriate.
All content on this Website, including but not limited to trademarks and copyrights, is owned by Poolside or is used with the permission of the respective owners. Poolside reserves all rights in the Website and its content. You may not reproduce, post on any other website, modify, distribute, or transmit any portion of this Website without Poolside’s prior written consent. You may not remove any copyright, trademark, or other proprietary notices from the Website. Any unauthorized use of this Website or its content may subject you to civil or criminal penalties.
User Conduct and Contributions
The Website is provided to you solely for informational purposes. If, now or at any time in the future, we provide any method for submission of information, materials, or content, in any form, including via email, (any such information, materials, and content, “Contributions”), you agree that you will not:
Provide any information about yourself that is not true, accurate, current or complete;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Contribution that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Contribution that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, an Poolside employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Contribution;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Contribution that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary or confidentiality rights of any party;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” or any other form of solicitation;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancel bots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
Act in a manner that negatively affects other users’ ability to engage with the Website;
Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website;
Intentionally or unintentionally violate any applicable local, state, national or international law.
You acknowledge and agree that Poolside is not responsible for Contributions submitted to the Website by users. You will at all times remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of Contributions that you submit. You agree to immediately notify Poolside of any unauthorized use of the Website or any other breach of security known or suspected by you.
User Grant of License to Contributions
By communicating with Poolside or making any Contributions, you grant Poolside a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use such Contributions or communications, in any way whatsoever, commercial or otherwise. This license includes, but is not limited, to the right to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Contributions or communications (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, and to incorporate it in other works in any form, media, or technology now known or later developed.
Unless expressly requested, Poolside does not solicit, nor do we wish to receive any confidential or proprietary information or other material from you. Any Contributions you submit, unless (i) expressly requested by us and (ii) subject to a separate confidentiality agreement with Poolside, will be deemed not to be confidential or proprietary. You expressly acknowledge and agree that all Contributions, regardless of whether in the form of ideas, creative concepts or other materials, in any format whatsoever, will be included in the above license and no payment to, or acknowledgement of, you whatsoever will be owed by Poolside. You also warrant that any “moral rights” in Contributions have been irrevocably waived by the appropriate authors. We shall have no liability for any loss or damage suffered by you as a result of use or disclosure of such Contributions by us to the extent permitted by law. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be waived or excluded.
“Vice Pops” is a federally registered trademark.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the address identified below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of the alleged infringing activity and where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Email: email@example.com; please use “URGENT: C/O Copyright Agent” in the subject line. We may not be able to remove Linked Content that is hosted by Interfacing Sites. You may need to contact the appropriate Interfacing Site for removal of your work.
Links to Other Sites
We may provide links to unaffiliated websites. Any such links are provided solely as pointers to information on topics that may be useful to users of this Website, and we have no control over the content on such unaffiliated websites. If you choose to link to a website that we do not control, we make no warranties, either express or implied, concerning your use of or inability to use such site, the content of such site, nor do we warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Links to unaffiliated sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites and we expressly disclaim any such endorsement or representation. In addition, these third party websites may have privacy practices different from this Website so it is important to read the policies of those sites before sharing your information.
You will indemnify Poolside against any loss, damage, or cost incurred by Poolside arising out of or in connection with your use of, access to, or interaction with the Website, including your violation of these Terms or any other laws, regulations, and rules. We reserve the right exclusively to defend and control any claims arising from the above and you will fully cooperate with us in any such defenses.
LIMITATION OF LIABILITY
THE WEBSITE (INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED “AS IS” AND “AS AVAILABLE.” POOLSIDE AND ITS AFFILIATES:
ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE;
DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE;
DO NOT WARRANT THE ACCURACY, ADEQUACY, AVAILABILITY, APPROPRIATENESS, COMPLETENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT, INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, CONTENT AND MATERIALS; AND
WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL.
IN NO EVENT WILL POOLSIDE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE WEBSITE, EVEN IF POOLSIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, POOLSIDE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
To the extent that software or technical data is accessible through the Website, such software or technical data may be subject to export, re-export, and/or import controls imposed by the United States or any other jurisdiction, and may not be downloaded or otherwise exported or re-exported in violation of the laws of any applicable jurisdiction including, but not limited to: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo or which is subject to relevant export restrictions; (b) anyone on the U.S. Treasury Department's Specially Designated Nationals list, or (c) in violation of the U.S. Commerce Department's Table of Denial Orders.
Enforceability and Governing Law
In the event any of the terms or provisions of these Terms shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms shall be subject to any other agreements you have entered into with Poolside. These Terms, and your access to and use of the Website, shall be governed by the laws of the State of New York.
Any action against Poolside arising from or relating to your access to and use of the Website and the provisions of these Terms must be brought by you in state or federal court located in the State of New York, County of New York. You consent to the jurisdiction and venue of the state and federal courts located within the State of New York, County of New York, for the adjudication of all claims arising from or relating to your access to and use of the Website and the provisions of these Terms.
If you have any questions about these Terms, please contact Poolside at firstname.lastname@example.org.