TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING
TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEARBY AGREE TO BE BOUND BY
THE TERM AND ALL TERMS INCORPORTATED HERE IN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER,
CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERM AND CONDITION BEFORE
PROCEEDING TO USE THIS SITE. IF YOU DO
NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITION, THEN PLEASE DO NOT
ACCESS OR USE OUR SITES OR OUR SERVICES.
THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 11/01/2016.
ACCPTANCE OF TERMS
The following Terms of
Service Agreement (the “TOS”) is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with
Sierhran, LLC, also known as Sierhran, located at 2753 Tenbroeck Ave, Suite 1,
Bronx, New York 10469 and our subsidiaries and affiliates, in association with
the use of the Sierhran Website, which includes www.sierhran.com, (the “Site”) and its
Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
Selling T-Shirts
Any and all visitors to
our site shall be deemed as “users” of the herein contained Services provided
for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made
available through our website and applications, which may include some mobile
applications and that those applications may be made available on various
social media networking sites and numerous other platforms and downloadable
programs, are the sole property of Sierhran, LLC. At its discretion, Sierhran,
LLC may offer additional website Services and/or products, or update, modify or
revise any current content and Services, and this Agreement shall apply to any
and all additional Services and/or products and any and all updated, modified
or revised Services unless otherwise stipulated. Sierhran, LLC does hereby
reserve the right to cancel and cease offering any of the aforementioned
Services and/or products. You, as the end user acknowledge,
accept and agree that Sierhran, LLC shall not be held liable for any such
updates, modifications, revisions, suspensions or discontinuance of any of our
Services and/or products. Your continued use of the Services provided, after
such posting of any updates, changes, and/or modifications shall constitute
your acceptance of such updates, changes and/or modifications, and as such,
frequent review of this Agreement and any and all applicable terms and policies
should be made by you to ensure you are aware of all terms and policies
currently in effect. Should you not agree to the updated, revised or modified
terms, you must stop using the provided Services forthwith.
Furthermore, the user
understands, acknowledges and agrees that the Services
offered shall be provided "AS IS" and as such Sierhran, LLC shall not
assume any responsibility or obligation for the timeliness, missed delivery,
deletion and/or any failure to store user content, communication or
personalization settings.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global
nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is
considered acceptable Content. Uploading, posting and/or transferring of
software, technology and other technical data may be subject to the export and
import laws of the United States and possibly other countries. Through the use
of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html),
as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
[if !supportLists]a)
[endif]are not on the list of prohibited individuals which
may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)
nor a member of any other government which may be part of an export-prohibited
country identified in applicable export and import laws and regulations;
[if !supportLists]b) [endif]agree not
to transfer any software, technology or any other technical data through the
use of our network Services to any export-prohibited country;
[if !supportLists]c)
[endif]agree not to use our website network Services for any
military, nuclear, missile, chemical or biological weaponry end uses that would
be a violation of the U.S. export laws; and
[if !supportLists]d) [endif]agree not
to post, transfer nor upload any software, technology or any other technical
data which would be in violation of the U.S. or other applicable export and/or
import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Sierhran, LLC shall not lay
claim to ownership of any content submitted by any visitor or user, nor make
such content available for inclusion on our website Services. Therefore, you
hereby grant and allow for Sierhran, LLC the below listed worldwide,
royalty-free and non-exclusive licenses, as applicable:
[if !supportLists]a) [endif]The content submitted or made available for inclusion
on the publicly accessible areas of Sierhran, LLC's sites, the license provided
to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or
publicly display said Content on our network Services is for the sole purpose
of providing and promoting the specific area to which this content was placed
and/or made available for viewing. This license shall be available so long as
you are a member of Sierhran, LLC's sites, and shall terminate at such time
when you elect to discontinue your membership.
[if !supportLists]b) [endif]Photos, audio, video and/or graphics submitted or made
available for inclusion on the publicly accessible areas of Sierhran, LLC's
sites, the license provided to permit to use, distribute, reproduce, modify,
adapt, publicly perform and/or publicly display said Content on our network
Services are for the sole purpose of providing and promoting the specific area
in which this content was placed and/or made available for viewing. This
license shall be available so long as you are a member of Sierhran, LLC's sites
and shall terminate at such time when you elect to discontinue your membership.
[if !supportLists]c) [endif]For any other content submitted or made available for
inclusion on the publicly accessible areas of Sierhran, LLC's sites, the
continuous, binding and completely sub-licensable license which is meant to
permit to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and/or publicly display said content, whether in whole or in
part, and the incorporation of any such Content into other works in any
arrangement or medium current used or later developed.
Those areas which may be
deemed "publicly accessible" areas of Sierhran, LLC's sites are those
such areas of our network properties which are meant to be available to the
general public, and which would include message boards and groups that are
openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
Sierhran, LLC provides an area
for our users to contribute feedback to our website. When you submit ideas,
documents, suggestions and/or proposals ("Contributions") to our
site, you acknowledge and agree that:
a)
your contributions do not contain any type of confidential or proprietary
information;
b)
Sierhran shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
c)
[Sierhran shall be entitled to make use of and/or
disclose any such Contributions in any such manner as they may see fit;
d)
the contributor's Contributions shall automatically become the sole property of
Sierhran; and
e)
Sierhran is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All users herein agree to insure and hold Sierhran, LLC,
our subsidiaries, affiliates, agents, employees, officers, partners and/or
licensors blameless or not liable for any claim or demand, which may include,
but is not limited to, reasonable attorney fees made by any third party which
may arise from any content a user of our site may submit, post, modify,
transmit or otherwise make available through our Services, the use of Sierhran
Services or your connection with these Services, your violations of the Terms
of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to
replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial
reason any part, use of, or access to Sierhran's sites.
MODIFICATIONS
Sierhran, LLC shall reserve
the right at any time it may deem fit, to modify, alter and or discontinue,
whether temporarily or permanently, our service, or any part thereof, with or
without prior notice. In addition, we shall not be held liable to you or to any
third party for any such alteration, modification, suspension and/or
discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business
dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of
such related goods and/or Services, and any such other term, condition,
warranty and/or representation associated with such dealings, are and shall be
solely between you and any such advertiser. Moreover, you herein agree that
Sierhran, LLC shall not be held responsible or liable for any loss or damage of
any nature or manner incurred as a direct result of any such dealings or as a
result of the presence of such advertisers on our website.
LINKS
Either Sierhran, LLC or any
third parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any
such external sites or resources, and as such, we do not endorse nor are we
responsible or liable for any content, products, advertising or any other
materials, on or available from such third party sites or resources.
Furthermore, you acknowledge and agree that Sierhran, LLC shall not be
responsible or liable, directly or indirectly, for any such damage or loss
which may be a result of, caused or allegedly to be caused by or in connection
with the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and
agree that Sierhran, LLC's Services and any essential software that may be used
in connection with our Services ("Software") shall contain
proprietary and confidential material that is protected by applicable
intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any
advertisements or information presented by and through our Services or by
advertisers is protected by copyrights, trademarks, patents or other
proprietary rights and laws. Therefore, except for that which is expressly
permitted by applicable law or as authorized by Sierhran, LLC or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on Sierhran, LLC Services (e.g. Content or
Software), in whole or part.
Sierhran, LLC herein has
granted you personal, non-transferable and non-exclusive rights and/or license
to make use of the object code or our Software on a single computer, as long as
you do not, and shall not, allow any third party to duplicate, alter, modify,
create or plagiarize work from, reverse engineer, reverse assemble or otherwise
make an attempt to locate or discern any source code, sell, assign, sublicense,
grant a security interest in and/or otherwise transfer any such right in the
Software. Furthermore, you do herein agree not to alter or change the Software
in any manner, nature or form, and as such, not to use any modified versions of
the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or
attempt to access our Services through any means other than through the
interface, which is provided by Sierhran, LLC for use in accessing our
Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY
ACKNOWLEDGE AND AGREE THAT:
a) THE
USE OF SIERHRAN, LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR
SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS
AVAILABLE" BASIS. SIERHRAN, LLC AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b)
SIERHRAN, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SIERHRAN, LLC SERVICES OR SOFTWARE
WILL MEET YOUR REQUIREMENTS; (ii) SIERHRAN, LLC SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY
BE OBTAINED FROM THE USE OF THE SIERHRAN, LLC SERVICES OR SOFTWARE WILL BE
ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION
OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR
SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS
CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c)
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF
SIERHRAN, LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION
AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE
ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR
COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS
OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
MATERIAL.
d) NO
ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE
OBTAINED BY YOU FROM SIERHRAN, LLC OR BY WAY OF OR FROM OUR SERVICES OR
SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE
OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER
SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO
HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE
IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE,
UNDERSTAND AND AGREE THAT SIERHRAN, LLC AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU
FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE
LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
a) THE
USE OR INABILITY TO USE OUR SERVICE;
b) THE
COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED
ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS
OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e)
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a
dispute, you agree to release Sierhran, LLC (and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and
any other third parties) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected or
unsuspected, disclosed and undisclosed, arising out of or in any way connected
to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or
to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes,
investments or securities, please review the above Sections Warranty
Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase "Let the investor beware"
is appropriate. Sierhran, LLC's content is provided primarily for informational
purposes, and no content that shall be provided or included in our Services is
intended for trading or investing purposes. Sierhran, LLC and our licensors
shall not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted and/or made available by way of our Services,
and shall not be responsible or liable for any trading and/or investment
decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS,
WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME
OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge,
understand and agree, unless otherwise expressly provided in this TOS, that
there shall be no third-party beneficiaries to this agreement.
NOTICE
Sierhran, LLC may furnish you
with notices, including those with regards to any changes to the TOS, including
but not limited to email, regular mail, MMS or SMS, text messaging, postings on
our website Services, or other reasonable means currently known or any which
may be herein after developed. Any such notices may not be received if you
violate any aspects of the TOS by accessing our Services in an unauthorized
manner. Your acceptance of this TOS constitutes your agreement that you are
deemed to have received any and all notices that would have been delivered had
you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge,
understand and agree that all of the Sierhran, LLC trademarks, copyright, trade
name, service marks, and other Sierhran, LLC logos and any brand features,
and/or product and service names are trademarks and as such, are and shall
remain the property of Sierhran, LLC. You herein agree not to display and/or
use in any manner the Sierhran, LLC logo or marks without obtaining Sierhran,
LLC's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Sierhran, LLC will always
respect the intellectual property of others, and we ask that all of our users
do the same. With regards to appropriate circumstances and at its sole
discretion, Sierhran, LLC may disable and/or terminate the accounts of any user
who violates our TOS and/or infringes the rights of others. If you feel that
your work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have been
otherwise violated, you should provide to us the following information:
a) The
electronic or the physical signature of the individual that is authorized on
behalf of the owner of the copyright or other intellectual property interest;
b) A
description of the copyrighted work or other intellectual property that you
believe has been infringed upon;
c) A
description of the location of the site which you allege has been infringing
upon your work;
d) Your
physical address, telephone number, and email address;
e) A
statement, in which you state that the alleged and disputed use of your work is
not authorized by the copyright owner, its agents or the law;
f) And
finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the
copyright or intellectual property owner, representative or agent authorized to
act on the copyright or intellectual property owner's behalf.
The Sierhran, LLC Agent for
notice of claims of copyright or other intellectual property infringement can
be contacted as follows:
Mailing Address:
Sierhran, LLC
Attn: Copyright Agent
3015 Ely Ave, STE 3
Bronx, New York 10469
Telephone: 7322598029
Email:
sierhran@aol.com
CLOSED CAPTIONING
BE IT KNOWN, that Sierhran,
LLC complies with all applicable Federal Communications Commission rules and
regulations regarding the closed captioning of video content. For more
information, please visit our website at www.sierhran.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the
entire agreement between you and Sierhran, LLC and shall govern the use of our
Services, superseding any prior version of this TOS between you and us with
respect to Sierhran, LLC Services. You may also be subject to additional terms
and conditions that may apply when you use or purchase certain other Sierhran,
LLC Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement
of both you and Sierhran, LLC with regard to the TOS that the relationship
between the parties shall be governed by the laws of the state of New York
without regard to its conflict of law provisions and that any and all claims,
causes of action and/or disputes, arising out of or relating to the TOS, or the
relationship between you and Sierhran, LLC, shall be filed within the courts
having jurisdiction within the County of Bronx, New York or the U.S. District
Court located in said state. You and Sierhran, LLC agree to submit to the
jurisdiction of the courts as previously mentioned, and agree to waive any and
all objections to the exercise of jurisdiction over the parties by such courts
and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Sierhran,
LLC fail to exercise or enforce any right or provision of the TOS, such failure
shall not constitute a waiver of such right or provision. If any provision of
this TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand
and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be
filed within 7 year(s) after said claim or cause of action arose or shall be
forever barred.
VIOLATIONS
Please report any and all
violations of this TOS to Sierhran, LLC as follows:
Mailing Address:
Sierhran, LLC
3015 Ely Ave, Ste 3
Bronx, New York 10469
Telephone: 7322598029
Email:
sierhran@aol.com
