PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. ZeroChroma may at any time reserve these terms and conditions by updating this posting. By using this site, you agree to be bound by any such changes.
TRADEMARKS / PATENTS / INTELLECTUAL PROPERTY
All trademarks, service marks and trade names of ZeroChroma used in the site (including but not limited to the ZeroChroma name, and the ZeroChroma Logo Design, and the following designations Change Your Point of View, Projeto, Smart-Drop Protection, Sound-Scoop and Theater-Stand) are trademarks of Zero Chroma LLC. They may not be used without ZeroChroma’s prior written permission. All ZeroChroma cases are covered by one or more patents or patents pending. Any other intellectual property in the site, including but not limited to patents, issued or pending, are the sole property of ZeroChroma and/or its licensors. iPhone is a trademark of Apple, Inc. The use of the iPhone image does not create an endorsement or sponsorship by Apple, Inc in this product.
The entire content included in this site, including but not limited to text, graphics or code, but specifically excluding all legal content, is copyrighted as a collective work under the United States and other copyright laws, and is the property of ZeroChroma. The collective work includes works that are licensed to ZeroChroma. Copyright 2009, ZeroChroma. ALL RIGHTS RESERVED.
All orders placed through the site are subject to ZeroChroma’s acceptance, which is in its sole discretion. Without limitation, this means that ZeroChroma may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, ZeroChroma shall issue a credit to your credit card account.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, ZeroChroma disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. ZeroChroma does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. ZeroChroma does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
USE OF INFORMATION
You agree that ZeroChroma is free to use any comments, information or ideas contained in any communication you may send to ZeroChroma or submit to the site without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the site or other products or services.
PARTICIPATION DISCLAIMER/USE RESTRICTIONS
ZeroChroma does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, ZeroChroma is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user generated content or activities on the site. You may not post or otherwise distribute content to the site which ZeroChroma in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of ZeroChroma or another party, illegal, or otherwise objectionable to ZeroChroma. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
THIRD PARTY SITES
In an attempt to provide increased value to our visitors, ZeroChroma may link to sites operated by third parties. However, even if the third party is affiliated with ZeroChroma, ZeroChroma has no control over these linked sites, all of which have separate terms and conditions and privacy and data collection practices, independent of ZeroChroma. These linked sites are only for your convenience and therefore you access them at your own risk. ZeroChroma seeks to protect the integrity of the site and the links placed upon it and therefore requests any feedback about the site and for sites it links to as well.
LIMITATION OF LIABILITY
ZeroChroma shall not be liable for any special, incidental, indirect or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products purchased through the site, even if ZeroChroma has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend, and hold harmless ZeroChroma, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Your use of this site shall be governed in all respects by the laws of the state of Maryland, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this site (including but not limited to the purchase of ZeroChroma products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Baltimore City, Maryland. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of ZeroChroma products) must be commenced within one (1) year after the claim or cause of action arises. By using the site, you agree to receive electronic communications from ZeroChroma. You agree that any notice, agreement, disclosure or other communication that ZeroChroma sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. ZeroChroma’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ZeroChroma may assign its rights and duties under this Agreement to any party at any time without notice to you.
These terms and conditions are applicable to you upon your accessing the site. ZeroChroma reserves the right in its sole discretion to terminate or restrict your use of the site, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by ZeroChroma without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.