Terms and Conditions
These terms and conditions apply to the websites www.notratedfootwear.com and www.naughtymonkey.com, including any applications, platforms, services, or other resources related to, distributed on or available through www.notratedfootwear.com and www.naughtymonkey.com (collectively, the “Sites”). The Sites are operated by Brand HeadQuarters, LLC (also referred to herein as “we” “us” and “our”).
All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Sites at a particular time does not imply or warrant that these products or services will be available at any time. By placing an order, you represent that the products ordered are legal to possess and use where you intend to possess and use them and will be used only in a lawful manner.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Sites. All purchases from the Sites are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Sites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
We attempt to ensure that information on the Sites is complete, accurate and current. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Sites. For example, products included on the Sites may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Sites. In addition, we may make changes in information about price and availability without notice. We will correct any pricing errors on the Web Site as and when discovered.
Please follow the instructions on the Sites to place you orders. Your order constitutes an offer to us to buy the products and services. After receiving an order, we will send you an email acknowledging that we have received your order (“Order Confirmation”). While it is our practice to confirm orders by email, the receipt of an email Order Confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will be formed only when you receive the Shipping Confirmation. The contract will relate only to those products and services whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products or services which may have been part of your order in the same or a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the products or services are no longer in our inventory. We also reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We may also require verification of information prior to the acceptance and/or shipment of any order.
The Sites’ design and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Sites are either the property of, or used with permission by, Brand HeadQuarters, LLC and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on the Sites in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Certain trademarks, trade names, service marks and logos used or displayed on the Sites are registered and unregistered trademarks, trade names and service marks of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Sites without our written permission or the written permission of such third party owner.
The Sites contain copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound. The Sites are protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Brand HeadQuarters, LLC and third party content providers also own (or have the right to use) copyrights in the content original to them.
Creating or maintaining any link from another web site to any page on the Sites without Brand HeadQuarters, LLC’s prior written permission is prohibited. Running or displaying the Sites or any material displayed on the Sites in frames or through similar means on another web site without Brand HeadQuarters, LLC’s prior written permission is prohibited. Any permitted links to the Sites must comply will all applicable laws, rule and regulations.
From time to time, the Sites may contain links to web sites that are not owned, operated or controlled by Brand HeadQuarters, LLC or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Sites. Neither Brand HeadQuarters, LLC nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither Brand HeadQuarters, LLC nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials or other information located or accessible from such web sites, or the results that you may obtain from using such web sites. If you decide to access any other web site linked to or from the Sites, you do so entirely at your own risk.
From time to time, Brand HeadQuarters, LLC may offer and/or cosponsor contests, sweepstakes, and games on the Sites. Each of these activities shall be governed by specific rules accessible from the pages of the Sites offering the promotion.
From time to time, you may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Sites.
By posting, transmitting or sending us any material or content, you agree to grant to us an irrevocable, royalty free, perpetual, sublicensable, assignable, nonexclusive right and license throughout the world to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, digitally perform, publicly perform and display the material or content and/or incorporate the material or content in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without either (i) compensation to you or (ii) your prior approval.
By submitting or sending content or material to the Sites you also represent and warrant that (i) the content and material is original to you, (ii) no other party has any rights to the content or material, (iii) the content and material is not subject to any obligation of confidentiality, attribution or otherwise and that we shall not be liable for any use or disclosure of the content or material and (iv) any socalled "moral rights" associated with the content or material have been waived.
You may not post or transmit or send to us any material or content that (i) violates or infringes in any way upon the rights of others or which is otherwise unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, obscene, bigoted or hateful; (ii) contains viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; (iii) is or could be construed to be spam mail or any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Sites or their contents. In addition, you may not engage in any activity on the Sites that restricts or inhibits any other user from using or enjoying the Sites by means of "hacking," "cracking," "spoofing," or defacing any portion of the Sites.
We shall have the right in our sole discretion to edit, refuse to post or to remove any material submitted to or posted on the Sites that we find to be in violation of these terms and conditions or that we otherwise find objectionable or inappropriate for any reason in our sole discretion.
You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Sites.
If you believe that your rights under intellectual property laws are being violated by any content or materials posted on or transmitted through the Sites, or any products advertised on the Sites (“Site Content”), please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending content and/or advertisements. It is our policy to comply with the Digital Millennium Copyright Act (“DMCA”) by disabling access to infringing materials, and terminating access of repeat infringers to the Sites.
Copyright Notice. Copyright owners or any agents thereof who believe that any Site Content infringes upon their copyrights may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
c/o Brand HeadQuarters, LLC
16516 Via Esprillo, Ste 100
San Diego, CA 92127
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
CounterNotification. If You elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
Gift certificates can only be redeemed via purchases made on the Sites, and are not redeemable for cash. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates. In the event a gift certificate code is nonfunctional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate.
Other than personally identifiable information, which is subject to the Sites’ Privacy Policies, any material, information, suggestions, ideas, concepts, knowhow, techniques, questions, comments or other communication you transmit or post to the Sites in any manner ("User Communications") is and will be considered nonconfidential and nonproprietary. We, each of our affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or noncommercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
YOUR USE OF THE SITES IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE SITES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THE SITES. THE MATERIALS AND SERVICES ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW, AND SPECIFICALLY DO NOT APPLY TO NEW JERSEY RESIDENTS. THEREFORE, YOU MAY HAVE ADDITIONAL RIGHTS. PLEASE REFER TO YOUR LOCAL LAWS FOR INFORMATION ABOUT ANY SUCH RIGHTS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NONCOMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSONMOSS WARRANTYFEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW, AND SPECIFICALLY DO NOT APPLY TO NEW JERSEY RESIDENTSTHEREFORE, YOU MAY HAVE ADDITIONAL RIGHTS. PLEASE REFER TO YOUR LOCAL LAWS FOR INFORMATION ABOUT ANY SUCH RIGHTS.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Sites or your downloading of any materials, from the Sites. IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, ANY WEB SITES LINKED TO THE SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW, AND SPECIFICALLY DO NOT APPLY TO NEW JERSEY RESIDENTS YOU MAY HAVE ADDITIONAL RIGHTS. PLEASE REFER TO YOUR LOCAL LAWS FOR INFORMATION ABOUT ANY SUCH RIGHTS.
IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITES. THE FOREGOING LIMITATIONS OF AVAILABLE REMEDIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW, AND SPECIFICALLY, DO NOT APPLY NEW JERSEY RESIDENTS. YOU MAY HAVE ADDITIONAL RIGHTS. PLEASE REFER TO YOUR LOCAL LAWS FOR INFORMATION ABOUT ANY SUCH RIGHTS.
In the event of any problem with the products that you have purchased from the Sites, you may seek a return or refund for such product in accordance with the returns and refunds policies posted on the Sites.
We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Sites.
To the fullest extent permitted by law, these Terms and Conditions and any claim or dispute arising out of or relating to these Terms and Conditions, including but not limited to the Sites, will be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law principles. Any claim or dispute arising out of or relating to these Terms and Conditions, including but not limited to the Sites, shall be subject to the exclusive jurisdiction of the state and/or federal courts located in San Diego County, in the state of California and you hereby consent and submit to the personal jurisdiction of such courts.
If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unenforceable, by a Court of competent jurisdiction, such offending provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
You or we may suspend or terminate your account or your use of the Sites at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to email us at email@example.com.