Terms & Conditions

Introduction

Welcome to the Elizabeth James® Phone Cases, Phone Accessories website (the “Site”). These Terms and Conditions of Use (“Terms”) are a legal agreement between you and Elizabeth James® Phone Cases, Phone Accessories (“Elizabeth James,” “we” or “us”) governing your use of this Site and any services made available through the Site (collectively, the “Services”).

Please read these Terms carefully before using this Site or the Services. By accessing or using this Site or the Services, you agree to be bound by these Terms and all policies and guidelines incorporated by reference. If you do not agree to all of these Terms, do not access or use this Site or the Services.

If you have any questions about these Terms, please contact us at:

Elizabeth James® Phone Cases, Phone Accessories
123 Main St
Anytown, CA 12345
555-123-4567
[email protected]

These Terms were last updated on February 1, 2023.

Services and Site Usage

Registration. You may browse the Site without registering, but to purchase products or access certain features or content, you may need to register and create an account. When you register, you agree to provide accurate and complete information about yourself, and to promptly update your account information if it changes. Each account is limited to one individual user, and account sharing is prohibited.

Purchases. If you wish to purchase products on the Site, you will be asked to supply certain payment and billing information. All charges will be made in advance at the time you place your order. By submitting a purchase order, you agree to pay the prices for the products you have ordered, as well as any taxes, shipping costs, and other charges. All sales are final, and we do not provide refunds or accept returns except as required by law.

Age Restrictions. The Site and Services are intended for users 18 years old or older. If you are under 18, you may not register for an account or make purchases through this Site.

User Content. You are responsible for any material you upload, post, email, transmit, or otherwise make available via the Site (“User Content”). You retain ownership of your User Content, but grant us an irrevocable, royalty-free, perpetual, unlimited license to use, copy, modify, distribute, publicly display and perform, transmit, publish, remove, retain, repurpose, and commercialize User Content in any medium or format, and without payment to you. You are solely responsible for your User Content and represent and warrant that you own or otherwise have the right to use the User Content as stated in these Terms.

Prohibited Content. You may not upload, post, or transmit any User Content that: (a) is defamatory, abusive, harassing, threatening, or obscene; (b) contains viruses, bots, worms, or any other harmful code; (c) violates any law or right of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or (d) is considered privileged or confidential. We may, at our sole discretion, remove any prohibited User Content without notice to you.

License to Use Site. We grant you a limited, revocable, non-exclusive license to access and use this Site and the Services solely in accordance with these Terms. All rights not expressly granted in these Terms are reserved by us and our licensors.

Intellectual Property Rights

The Site, Services, and all of their contents including text, images, designs, graphics, logos, icons, and other materials, are property owned or licensed by us and are protected by copyright, trademark and other laws. We retain exclusive rights in all copyrights, trademarks, service marks, trade dress, patents, and other intellectual property rights related to the Site and Services.

Trademarks. Any of our names, trademarks, service marks, logos, and domain names, and any other features of the Elizabeth James brand (“Trademarks”) used or displayed on the Site or in connection with the Services are our registered and unregistered Trademarks. Nothing on this Site or in the Services should be construed as granting any license or right to use any Trademark without our express written permission.

Copyrights. The Site and Services contain original works of authorship owned by or licensed to us that are protected by copyright laws. No material from the Site or Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written permission.

User Content License. By posting or submitting any User Content on or through this Site, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable license to use, access, reproduce, distribute, prepare derivative works of, modify, display, perform, and otherwise exploit that User Content for any lawful purpose in any form, media, or technology, whether now known or hereafter developed.

Prohibited Conduct

You agree not to:

Use the Site or Services for any illegal purpose, in violation of any laws, or in violation of these Terms.
Violate the legal rights of others, including by infringing or misappropriating intellectual property rights.
Engage in disruptive, unethical, or unlawful conduct, including cyberattacks, spamming, hacking, or cyberstalking.
Use the Site or Services to harm or attempt to harm minors in any way.
Distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other harmful items.
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble the Site, Services, or any software or other products or processes accessible through the Site.
Remove any copyright, trademark or other proprietary rights notices on the Site or Services.
Frame or mirror any part of the Site or Services without our express written consent.
Use any bots, scrapers, or other automated methods to access, collect data from, or otherwise interact with the Site or Services.
Use the Site or Services for any commercial purpose not expressly approved by us in writing.
Use any meta tags or any other hidden text utilizing our name, trademark, URL or product name without express written consent.
Engage in anticompetitive practices or any activity that exploits, harms, or threatens to harm our business or reputation.
Systematically retrieve or mine data from the Site through any means except those purposely made available through the Site.
Make any portion of the Site available through any automated means, including frames,Harvest or collect information about Site visitors without their express written consent.

We reserve the right to terminate your access to the Site if you are found to be repeatedly infringing on others’ copyrights, trademarks, or other intellectual property rights.

Third-Party Content & Links

The Site and Services may contain content provided by third parties and links to other websites. We are not responsible for and do not endorse any such third-party content or websites. Your interactions and transactions with any third parties are solely between you and the third parties, and may be subject to separate terms and conditions.

Warranty Disclaimers

THE SITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW.

WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE SECURELY, CONTINUOUSLY, OR ERROR-FREE, OR THAT IT WILL BE FREE FROM DEFECTS, VIRUSES OR HARMFUL COMPONENTS.

USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitations of Liability

WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES, IF ANY, PAID BY YOU TO ACCESS OR USE THE SITE OR SERVICES, OR (B) $100.

Some jurisdictions do not allow limitations of liability, so some or all of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Elizabeth James, its officers, directors, employees, and agents from and against any claims, actions, demands, damages, costs, liabilities, losses, and expenses (including attorneys’ fees) arising out of or relating to: (a) your access to or use of the Site or Services; (b) your User Content; (c) your violation of these Terms; and (d) your violation of any third party rights, including without limitation any copyright, property, publicity or privacy right. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate in that defense. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any claim, action or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Los Angeles County, California, and you consent to jurisdiction in those courts.

In the event of any dispute, you agree not to pursue a class action, class-wide arbitration, private attorney general action, or any other representative proceeding against us.

Additional Policies

Please review the following additional policies and terms, which are part of these Terms:

Privacy Policy
Cookie Policy
DMCA Copyright Policy
Accessibility Statement

Changes to the Terms

We may revise these Terms from time to time, and will always post the most current version on the Site. If a revision meaningfully reduces your rights, we will notify you (by email to the address associated with your account, for example). All revisions are effective upon posting by us.

Your continued use of the Site or Services after any changes to the Terms constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access the Site or Services.

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