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TERMS OF USE
Please read the following Terms of Use (these “Terms”) carefully before using the Retro Snacks Inc. (“Flings”, “we,” “our,” or “us”) website, purchasing any Flings product (the “Product/s”) or participating in any online features, services and/or programs offered by us. These Terms apply to all of our Web Properties and Products.
These Terms do not apply to any other web page operated and/or owned by anyone other than Flings and its affiliates, including, but not limited to, any website, mobile application, social media site, or other material. When visiting these third party websites and other properties, you should refer to the terms and conditions in effect for that website or property.
PLEASE REVIEW THE TERMS CAREFULLY, PARTICULARLY SECTION 10 (a) DETAILING THE SUBSCRIPTION SERVICE, SECTION 10 (d) DETAILING CANCELLATION POLICY, SECTION 8(c) RELATED TO ALLERGENS, AND SECTION 17 RELATED TO BINDING ARBITRATION.
These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction and venue of any disputes. By accessing or using the Web Properties, you are entering into a legal contract with us regarding your use of the Web Properties. You agree to be bound by these Terms and all additional terms incorporated by reference. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Properties.
1. **Convenience and Information Only.** Subject to these Terms, we hereby grant you a non-transferable, non-exclusive, limited license to use and access the Web Properties for your non-commercial use. The Web Properties are provided to you as a convenience and for your information only. By merely providing you access to and use of the Web Properties, we do not warrant or represent that: (a) any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Web Properties (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes made by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to comments or questions asked through the Web Properties is or will be accurate or complete.
2. **Web Properties Use and Content.**
(a) **Use of the Web Properties.** The ownership of the Web Properties, Content, and all rights therein are and will remain with Flings. You may view, copy or print a single copy of any page from the Web Properties for non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images or other Content from the Web Properties without our express, prior written consent. Any special rules for any software, downloads, and other items accessible through the Web Properties may be included elsewhere in the Web Properties and are incorporated into these Terms by reference.
(b) **Restrictions on Use.** You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Web Properties; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Web Properties, or any aspect of them, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Web Properties, or disassemble the Web Properties, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Web Properties, except as may be permitted by applicable law; (iv) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Web Properties, or unduly burdening or hindering the operation and/or functionality of any aspect of the Web Properties; (v) attempt to gain unauthorized access to or impair any aspect of the Web Properties, or the related systems, servers, or networks; (vi) use the Web Properties for resale, time-sharing or other similar purposes; (vii) use the Web Properties to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (viii) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (ix) use any portion of the Web Properties or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.
3. **Updates.** We may make changes to the Web Properties, the Content or these Terms or stop providing any of the Web Properties and/or the Content at any time and without further notice to you. We will make an effort to update the Web Properties with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Web Properties after such posting constitutes your consent to be bound by the Terms, as amended.
4. **Privacy and Electronic Communication.** We know that privacy is important to you, and it is important to us as well. By using the Web Properties, you consent to receive electronic communications from us unless you follow applicable opt out procedures. We will communicate with you by email or by posting notices on our Web Properties. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
5. **User Account and Security.** To access certain features of the Web Properties, we may require that you sign up using your email address and a password to create a user account (“User Account”). We use reasonable precautions to protect the privacy of your username, password, and User Account information. However, you are ultimately responsible for protecting your username, password, and User Account information from disclosure to third-parties, and you are not permitted to circumvent the use of required encryption technologies, if any. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. You agree to provide current, complete and accurate purchase and account information for all purchases made using our Web Properties. You agree to promptly update your User Account and other information, including your email address and credit card numbers and expiration dates, so that we, and our third party service provider, can complete your transactions and contact you as needed. You agree that you are solely responsible for activity that occurs under your User Account. We are entitled to act on all instructions received by anyone using your User Account
6. **Objectionable Material.** You understand that by using the Web Properties or any services provided on the Web Properties, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Web Properties and any service at your sole risk and that we shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.
7. **Not Intended for Children and Other Age Requirements.** The Web Properties are not intended or designed to attract children under the age of 13. We do not collect personally identifiable data from any person we know to be under the age of 13. You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
8. **Disclaimers.**
(a) **No Warranties for Web Properties.** When using the Web Properties, information will be transmitted in such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR OWN RISK. THE WEB PROPERTIES, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED THROUGH THE WEB PROPERTIES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
(b) **Third Party Services.** We make no representation concerning, and do not guarantee, the accuracy, completeness, or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded, or distributed through the Web Properties by any user, information provider, or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
9. **Limitation of Liability.** IN NO EVENT SHALL FLINGS, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEB PROPERTIES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES.
10. **Payment.**
(a) **Subscription Service.** We offer a subscription service. By subscribing to our service, you have confirmed that you accept our Terms of Service. Your membership will automatically renew on a recurring basis at which time your credit card will be charged automatically for the subscription products, including applicable shipping and handling fees until you cancel your membership. You may cancel your membership at anytime by logging in to your account, selecting Subscriptions, then clicking cancel next to the item.
(b) **Cancellation Policy.** For all initial purchases of subscriptions longer than one month, you may cancel during the first 24 hours and receive a full refund. If the cancellation occurs after the first 24 hours, you will not receive a refund. If you have a monthly subscription and cancel, you may use your subscription until the end of your then-current subscription term.
11. **Third Party Content and Third Party Applications.** We may provide hyperlinks to other websites maintained by third parties, or may provide third party content on the Web Properties by framing or other methods (collectively, “Third Party Content”). In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (collectively, the “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications.
12. **Intellectual Property.** The Web Properties, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Flings or by other parties that have provided rights thereto to Flings.
13. **Copyright Complaints.** We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information.
Please note that this is a simplified version of the terms of use and it is highly recommended to consult with a legal professional to draft a comprehensive and legally sound terms of use for your company.
14. **User Content.** The Flings website may allow you to create, post, transmit, upload, distribute, submit or otherwise make available (collectively, “Post”) content such as comments, text, photos, images, and other content (collectively, “User Content”) through social media, blogs, forums, and other communication functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Content.
15. **Right to Monitor and Editorial Control.** Retro Snacks Inc. reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Flings website or through the website’s services or features by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms, our policies or applicable law.
16. **Linking to the Flings Website.** You agree that if you include a link from any other website to the Flings website, such link must link to the full version of an HTML formatted page of the Flings website. You are not permitted to link directly to any image hosted on the Flings website, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on the Flings website on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website to the Flings website in any manner such that the Flings website, or any page of the Flings website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Flings website be discontinued, and to revoke your right to link to the Flings website from any other website at any time upon written notice to you.
17. **Indemnification.** You agree to defend, indemnify, and hold harmless Retro Snacks Inc. and our directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; (iv) your violation of any law or the rights of a third party; (v) any dispute or issue between you and any third party; (vi) any User Content you upload to, or otherwise make available through, the Flings website; (vii) your willful misconduct; and (viii) any other party’s access to and/or use of the Flings website using your account and password.
18. **Limitation of Liability.** IN NO EVENT WILL RETRO SNACKS INC. OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE FLINGS WEBSITE, FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE FLINGS WEBSITE. IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE FLINGS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL OR LOST PROFITS. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE FLINGS WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY INFORMATION OBTAINED IN RESPONSE TO COMMENTS OR QUESTIONS ASKED THROUGH THE FLINGS WEBSITE OR FOR ANY INFORMATION RECEIVED FROM THE FLINGS WEBSITE. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE FLINGS WEBSITE.
Please note that these terms are subject to change without notice, and it is the user's responsibility to keep up to date with and adhere to the terms listed here.
