Terms of Use

LOCKERZ WEBSITE TERMS OF USE


These Lockerz® Website Terms of Use (the "Terms of Use") explain the contractual agreement between you ("you", "your") and Lockerz, Inc. ("Lockerz","we", "us", "our"), regarding your use of and access to the website located http://www.lockerz.com/ and any other websites owned or operated by Lockerz or any portions thereof (collectively, the “Website”) and any resources, features, functionality, or services made available through the Website (hereafter referred to as the "Service").  Lockerz reserves the right at any time and in its sole discretion to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice.  You agree that Lockerz shall not be liable to you or to any third party for any claim or loss related to you and arising out of such modification, suspension, or discontinuance of the Service. 

 

Acceptance


Your access to and use of the Website signifies that you have read, understand and agree to be bound by these Terms of Use, whether you are or are not a Member of Lockerz, and is subject to your compliance with these Terms of Use. Lockerz reserves the right to change, add, or delete any portions of the Terms of Use from time to time, without liability or prior notice to you, and your continued use of the Website constitutes your acceptance of and agreement with any and all such changes.   It is your responsibility to regularly check the Website to determine if there have been changes to the Terms of Use and to review such changes.  If you do not agree to abide by these or any future Terms of Use, please do not access or use (or continue to access or use) the Website.  In addition, Lockerz may post additional terms, conditions, rules or requirements related to the Website and/or its services and features.  All such terms, conditions, rules, or requirements are or will be incorporated by reference into these Terms of Use and you agree to be bound by and subject to them.  At its sole discretion, Lockerz also may offer other services or features governed by different Terms of Use.

 

Users


Whether directly or indirectly, including via third-party applications, users will either access the Website or the Service as a visitor with potentially limited ability to access services or features provided by Lockerz for users that have elected to become members by registering as a Lockerz Member (“Member”), or as a Member with the ability to use such Member services. Lockerz provides users the Service, including various media sharing and communication tools, personalized and other content, and e-commerce, and for Members, couples these things you love to do online with rewards through PTZ® which are described in more detail below.  

You understand and agree that the Service may include advertisements and that these advertisements enable Lockerz to provide the Service.  You also understand and agree that the Service may include certain communications from Lockerz.  By using the Website and Service, you will be automatically deemed to have opted in to receive e–mail communication from us.  When you sign in for the first time/become a Member, your preferences will be set to automatically publish all social interactions to other social networks, including uploads, comments, likes, votes, and favorites.  However, you will be able to edit these preferences at any time under My Account.  

Any user IDs, names or passwords associated with your membership account shall be maintained by you as confidential and should not be shared by you with anyone not authorized to have access to your personal information.  You acknowledge and agree that you are responsible for obtaining access to the Website and any Service and that such access may involve third-party fees (such as Internet service provider, wireless mobile provider or other airtime charges), hardware, and software.  You must provide and are responsible for all fees and costs and all hardware, software, and other equipment or means necessary for and/or associated with accessing the Website and Service.  

Unless explicitly stated otherwise, any new feature or functionality that augments or enhances the current Service, including the release of or access to new properties, shall be subject to the Terms of Use. 

 

Membership Account


In consideration of your use of the Website and the Service, you represent and agree that you are not a person barred from receiving such services or accessing and using such a website under the laws of the United States or other applicable jurisdiction.  You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form; and (b) maintain and promptly update any and all such information that is untrue, inaccurate, not current or incomplete or that Lockerz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.  As with other violations of these Terms of Use, Lockerz has the right to suspend or terminate your membership and to refuse any current or future use of the Website, Service, or any portion(s) thereof.

Users are prohibited from selling, purchasing, trading or in any way transferring their Lockerz membership account (including, but not limited to, selling, purchasing, trading or transferring e–mails associated with such account, and/or PTZ® earned or held in such account). You agree to accept responsibility for all activities that occur under your account or password. Users may only have one membership account. The registration of multiple accounts by or for the same person, or any action taken to try to circumvent the membership eligibility, proper working of the PTZ® system or otherwise, is prohibited and shall be considered a violation of these Terms of Use. Upon any such breach, Lockerz may terminate all such accounts and/or PTZ® associated therewith, prohibit further use by such individual or individuals of the Website, or take other actions deemed necessary by Lockerz in its sole discretion.



 

Age Verification

By registering as a Member, you certify that you are 13 years of age or older. Children under the age of 13 may not become a Member, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally–identifiable information, by registering as a Member, you hereby represent that your registration as a Member, the provision of your personally-identifiable information to us, and our use of such personally–identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.

 

Membership Communication


The Website may provide Members with the ability to send and post messages to others on the Website. In connection with any such communication, you agree to not engage in any of the Prohibited Activities set forth below. Lockerz has the right, but not the obligation, to monitor, decline, edit or remove all or a portion of any postings, submissions or content in Lockerz's sole discretion. By using the Website or the Service or communicating with Lockerz or others by means of your access to the Website or Service, you consent to receive communications from Lockerz, including but not limited to, emails, text or SMS messages, and other online, mobile, or conventional methods as exist now or may exist in the future. You also agree not to misuse the communication tools available to you by means of your access to the Website, including but not limited, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates the Terms of Use.

 

Privacy

By using the Website or Service or becoming a Member, you agree to be subject to the terms and conditions set forth in our Privacy Policy.  In addition to consenting to our collection and use of information about you in accordance with that policy as it exists now or in the future, you also agree that, regardless of where you are physically located, the nature of electronic communications and Lockerz’ network architecture and business practices involves the transfer of this information and other data transmission via the Website or Service to the United States, on an interstate basis, and/or to other countries for storage, processing and use by Lockerz.

 

Ownership

This Website and the content and all intellectual property rights included in or associated with the Website, including, but not limited to patents, copyrights, trademarks, service marks, logos and Decalz® (collectively “Content”), are either owned by Lockerz or owned by others and licensed to us.  For example, as noted below, you, by making a Submission, become such a licensor.  Likewise, any software that is made available to access, use, view and/or download in connection with a Service ("Software"), including applications, audio streaming, or video streaming, is owned or controlled by Lockerz and/or its licensors, affiliates and suppliers, is protected by copyright laws and international treaty provisions, and may be subject to other limitations regarding your use, including without limitation, whether and under what circumstances, if any, you may use the Software or accompanying service in your location. Your use of the Software is limited to private, non-commercial use and is governed by these Terms of Use and any end user license agreement or Terms of Use or Service, including any privacy policy, that accompanies or is included with the Software or to which you and/or your use of the Software become subject. Lockerz accepts no responsibility or liability in connection with any Software owned or controlled by third parties, your use of any such Software, or any agreements, terms or policies created or imposed by such third parties related to that Software.  All right, title and interest in and to the Website, Content and Software remains with us or our licensors, as applicable.

 

Except as ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, you may not make use of any such Content on or outside of the Website that you do not have a pre-existing legal right, title or interest in, including, without limitation, utilizing, copying, distributing, re–publishing, uploading, removing, posting, creating or attempting to create any derivative works, modifying, reverse–engineering, or transmitting any such Content, unless expressly authorized in these Terms of Use. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website or in the Content.  You agree not to access the Service by any means other than through the interface Lockerz provides via the Website for use in accessing the Service.  Your use of the Website or Service does not grant you any right, license or permission of any kind to reproduce or use Lockerz’s intellectual property.

 

User Feedback and Submissions

Lockerz welcomes your feedback, but if you send us or post or embed on the Website or via any Service any feedback, messages, comments or tags; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (“Submissions”), you represent and warrant to Lockerz that you either own the Submission or have the right to grant Lockerz the license described below.  Lockerz does not claim to own such Submission, only the rights you have licensed to us. 

 

You agree that in making a Submission, Lockerz shall not be required to compensate you for any such license or Submission, that any such Submission shall not be considered confidential or non-public once submitted to Lockerz, and that Lockerz alone is free to decide whether or not to post or use the Submission.  In the event a Submission is posted or used via the Service, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others.  Further, by providing a Submission to Lockerz via the Website or otherwise, you: (a) agree not to make any Submission that violates in any way the Terms of Use; (b) automatically grant Lockerz a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sublicenseable, royalty–free license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any Submission.  You also grant each user of the Service a perpetual, worldwide, non-exclusive, royalty-free license to access your Submission through the Service, and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted through the Service and under these Terms of Use.

 

PTZ


Lockerz Pointz (“PTZ®”) are not transferable, are not redeemable for cash or credit, and have no cash or monetary value. PTZ® are purely promotional in nature, are only for members and only part of the Service through the Website or as otherwise specifically designated and approved by Lockerz, and do not constitute a property right or interest or confer any such right or interest to you. PTZ® may be redeemed immediately or accrued over time, up to a maximum of 12 months. PTZ® will expire on a rolling monthly basis if not redeemed within 12 months of being awarded, and Lockerz has no obligation to notify you of any such expiration. Lockerz may discontinue or modify the PTZ® program, raise and lower the value of the PTZ®, add and remove ways to earn or use PTZ®, or revise the PTZ® program terms and conditions at any time. All PTZ® terminate upon any termination of your membership. Please see the PTZ® Rules for additional terms applicable to acquiring and using PTZ®. 

PTZ may only be redeemed at http://www.lockerz.com/ or as otherwise specifically designated and approved by Lockerz, with all such uses being subject at all times to available inventory, all terms and conditions of any specific PTZ offer, and these Terms of Use.

 

Decalz


Lockerz Decalz® items ("Decalz") are purely promotional in nature, are only for use as authorized, and only exactly as provided without any alteration, and do not constitute or give rise to you having any property right or interest in the Decalz. All Decalz shall be deemed a Submission under these Terms of Use and shall be treated as such, including without limitation, all rights and license granted as a result. Any trademarks, copyrights and other intellectual property rights associated with the Decalz are and shall remain the property of the respective owners of such trademarks, copyrights and other intellectual property. The use and availability of Decalz are subject to control by the Vendors, Lockerz, and/or respective intellectual property rights owners, and Lockerz shall have the right to discontinue your use of any such Decalz for any reason or no reason. If Lockerz discontinues and/or revokes any such Decalz (other than based on your breach of these Terms of Use, your violation of applicable law, or the expiration of any predetermined time period in which such Decalz may be displayed), you may replace such discontinued and/or revoked Decalz with other available Decalz. Notwithstanding the above, you acknowledge and agree that Lockerz may discontinue the Decalz program and/or functionality, may change or have no control over the availability (or the lack thereof) of any such Decalz, and may change the terms and conditions related to acquiring and using Decalz at any time.

 

Termination


Lockerz shall have the right to terminate your use of the Website and/or your Membership privileges any time for any reason, including, but not limited to, your breach of these Terms of Use, your breach of the PTZ Rules or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violation of other applicable laws and regulations. Following any such termination, Lockerz shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that Lockerz terminates your use rights, Lockerz shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and liabilities occasioned by such breach or violation.  

 

Prohibited Activities


Without intending to be exhaustive or limit in any way our right to determine whether any act, omission or conduct of any kind violates any aspect of these Terms of Use, you agree that you will not engage in or use the Website or the Service in any way to commit, encourage or promote any of the following prohibited activities and that Lockerz shall have the right to take action, up to and including terminating your use of the Website, the Service, and/or your Membership, at any time based on such activity:
You or anyone acting on your behalf or for your benefit may not create or use multiple, fake or temporary e–mail accounts, messages or related means, including, without limitation, creating or using websites or programs specifically designed to solicit information from individuals for purposes of inviting members, hacking into our system or creating or using programs to specifically circumvent proper and authorized use of our Website and its functionality for any purpose in conjunction with sending invites, earning PTZ or otherwise utilizing Website functionality and features.

You may not sell to or purchase from another Member or prospective member, whether directly or indirectly, Member accounts and/or associated e–mail addresses, PTZ, Decalz, or, except as expressly authorized by Lockerz, the ability Lockerz provides now or in the future to earn or acquire PTZ, including without limitation, exchanging cash, property, or anything of value for your or another Member’s posting or using one or more Decalz.

 You may not sell or purchase invitations for membership (via an e–mail invitation website or otherwise).

You may not abuse, manipulate, or engage in any activity related to Lockerz’ policies, practices or offerings to wrongfully earn or acquire PTZ, goods or services of any kind through Lockerz or another party.
 
You may not post, share or communicate in any manner via the Website or the Service any information or content that is defamatory, libelous, threatening harm or injury of any kind, harassing, discriminatory, unlawful, obscene, indecent and/or contains pornography or “adult” content or graphic or gratuitous violence.
 
You may not impersonate any person or entity, including, but not limited to, a Lockerz representative, moderator, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Service.

 You may not upload, post, email, transmit or otherwise make available any Submission containing content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights ("Rights") of any party.

 You may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of improper solicitation, except in those areas that are designated for such purpose or any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

 

You may not disrupt the normal flow of online dialogue, cause a screen to "scroll" faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges.

 

You may not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

 

You may not intentionally or unintentionally violate any applicable local, state, national or international law.

 

You may not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

 

You may not "stalk," solicit, or harass another and/or collect or store personal data about other Users in connection with any of the prohibited activities set forth.

 

You may not use, promote, or enable others to use or promote any device, software or routine that is intended to or likely to damage or interfere with the proper working of the Website or Service or involves the use of deception, false information, fraud, manipulation, avoidance, or cheating of any kind, including, without limitation, creating or utilizing programs, scripts, bots, or any method to mimic, fake or otherwise improperly simulate actual user activity on the Website, or to surreptitiously intercept or expropriate any system, data, images or other multimedia elements or personal information from the Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, transmits or is intended to transmit unsolicited mass mailings or transmits or is intended to transmit any illegal, obscene, sexually explicit, “adult” or otherwise inappropriate content via the Website, including but not limited to denial of service attacks, auto–generation techniques, “spam”, or any other unsolicited overload technique.

 

You may not label, describe or assign any names, keywords, tags or other words or features to any Submission or collection thereof that is intended to mislead or confuse, has or is likely to have the effect of misleading or confusing, or is unlawful, including without limitation, in a manner that (a) suggests you are or are affiliated with a person other than you or a company, organization or entity that you do not own or on whose behalf you are not authorized in writing to represent or (b) attempts to trade on the name, business or reputation of another. 

 

You may not use the Lockerz Player or any Service or content related thereto for a commercial or unlawful purpose, in violation of any third party rights or in an attempt to gain unauthorized access to a third party’s website, other accounts, computer system or networks connected to that third party’s website.

 

You may not use the Lockerz Player or Service related thereto (including without limitation, accessing or consuming content) outside of the United States.

 

You agree that the nature of the Service and its use by you and others means that you may be exposed to Submissions or other third-party provided content that constitute prohibited activity or that you consider to be offensive, indecent, objectionable or otherwise inappropriate.  If you encounter such material, please let us know at abuse@lockerz.com. You acknowledge that Lockerz may or may not pre-screen Submissions, but that Lockerz and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Submission that is available on the Website or via the Service.  Without limiting the foregoing, Lockerz and its designees shall have the right to remove any Submission that it or they determine violates the Terms or is otherwise objectionable. You also agree that you, not Lockerz, are entirely responsible for all Submissions that you and other users upload, post, email, transmit or otherwise make available via the Website or the Service.  In turn, you acknowledge and agree that Lockerz makes no guarantees, promises or representations of any kind regarding any Submission and that you must evaluate, and bear all risks associated with, your use of any Submission, including any reliance on its accuracy, completeness, quality or usefulness.   Under no circumstances will Lockerz be liable in any way for any Submission, including without limitation, any errors or omissions therein or any loss or damage of any kind incurred as a result of the exposure to or use of any Submission a user makes available via the Website or the Service.  

 

At Lockerz, our membership is more than access to fabulous brands at amazing prices or discovering the coolest new music artists or videos. It’s more than joining a social network that puts its customers first and rewards its membership with PTZ for making it thrive. It’s a community — of your friends, our friends and friends you’ve yet to make. So if you cheat the PTZ system (including, but not limited to, assisting others in cheating the PTZ system), you cheat the community, and for that you will lose your membership.

 

General Practices Regarding Use and Storage

You acknowledge that Lockerz may establish general practices and limits concerning use of Website and the Service, including without limitation, the maximum number of days that Submissions, whether Decalz, photos, or other images, content or information, will be retained by the Service, the maximum number of Submissions that may be uploaded from an account on the Service, the maximum size and /or resolution of Submissions that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Lockerz’ storage devices on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Lockerz has no responsibility or liability for the deletion or failure to store any Submissions, regardless of form or type, placed on, maintained, or transmitted by the Service. You acknowledge that Lockerz also reserves the right to log off or delete accounts that are inactive for an extended period of time. If you account is closed, deleted or logged off for any reason, whether by you or Lockerz voluntarily or involuntarily, you may no longer have access to any information or materials you store within your account, and we may delete or archive any such information or materials at our discretion.

You further acknowledge that Lockerz reserves the right to modify these general practices and limits from time to time.

  

Linking and Third Party Content


The Website and Service may contain links to third–party websites not under our control or operation. Lockerz or users may provide any such links only as a convenience; Lockerz does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Website may contain news, advertisements, content and information published by various third–party providers. Use of any such third–party content may be conditioned upon such third party’s terms and conditions.  You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.

This Website also may enable you to order and receive products, information and services from businesses that are not owned or operated by Lockerz. The purchase, payment, warranty, guarantee, delivery, maintenance, use of, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Lockerz does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Lockerz will not be a party to or in any way responsible for enabling, monitoring, or servicing any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information or any other information you may choose to provide them. Without being exhaustive, this means that any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of any charges by Lockerz.

 Where applicable, you acknowledge that you (a) have a registered account or consented to be registered with or to use third parties that ultimately provide such products, information or services or goods whether through links or by making them known or accessible through the Website or its Services and (b) have agreed to be subject to such third party’s terms of use or service and its privacy policies.  For example, some Decalz contain “Buy” buttons or permit you to listen to music. The Buy Decalz may redirect you to a third-party retailer’s website indicated on the Decalz where you would take all steps related to that retailer’s available goods or services, policies and procedures, including performing transactions of any kind, obtaining customer service and all other activities related to those goods and services.  Or, after your initial consent to the creation of a required account, a Service may thereafter connect the Music Decalz accessible on or through the Website to your account with a third-party streaming music provider.  That third party, subject to its terms of use, policies and procedures, would then permit the streaming of music through the Lockerz Player and an application program interface.  In both cases, all of the contemplated activities associated with buying or listening to music are provided by third parties, none of which are within Lockerz’s control. 

 

Additional Terms and Conditions


Additional terms and/or conditions (e.g. purchase and return policy terms and use of PTZ) may apply to specific areas of the Website or to the Service or Website functionality, and you agree to abide by such other terms and conditions.

  

Laws and Regulations

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Website and its Content and (ii) release of information to and retrieval of information from the Website. To the extent that any applicable taxes, duties, or other fees apply to your use of the Website, you are responsible for all such payments. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information contained in the Website, as applicable, to any applicable government agencies, all without liability to us.   Without limiting the foregoing rights, you consent and agree that Lockerz may access, preserve and disclose your account information and any Submission if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for legitimate business purposes, including without limitation, to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any Submission violates the rights of third parties; (iv) respond to requests for customer service; or (v) protect the rights, property or personal safety of Lockerz, its users and members, and/or the public.

Indemnification

You agree to indemnify, save, defend, reimburse and hold Lockerz, its officers, directors, employees, and representatives harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees), etc. resulting from: (i) your use of the Website; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any Submission; and/or (iv) your violation of any rights of another, whether by action or omission.

 

Compatibility 

You acknowledge and agree that Lockerz, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Website, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Website, the Service and/or its features.

 

Digital Millennium Copyright Act 

Lockerz will respond to alleged copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The Privacy Policy does not protect information that Lockerz may provide to third parties at its discretion or as required by law through copies of notices referenced below.

 

 1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Lockerz to locate the material;

d. Information reasonably sufficient to permit Lockerz to contact you, such as an address, telephone number, and, if available, an electronic mail address;

e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Lockerz's designated Copyright Agent to receive notifications claiming copyright infringement is Copyright Agent, 100 South King Street, 6th Floor, Seattle, WA 98104, email: copyright@lockerz.com, fax: 206-623-0121.

 

2. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

a. Your physical or electronic signature;

b. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

c. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

d. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Seattle, Washington, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If a counter-notice is received by the Copyright Agent, Lockerz may send a copy of the counter-notice to the original complaining party informing that person that Lockerz may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Lockerz's sole discretion. Please keep in mind that only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for support, and other communications should be directed to support@lockerz.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

 

Disclaimer of Warranties

LOCKERZ PROVIDES THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. LOCKERZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THIS WEBSITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY OF THE WEBSITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE WEBSITE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, LOCKERZ DOES NOT WARRANT THAT THE LOCKERZ WEBSITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE LOCKERZ WEBSITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE WEBSITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME.
 

 

Limitation of Liability 

LOCKERZ SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE WEBSITE AND THE INFORMATION, CONTENT, MERCHANDISE AND EXPERIENCES PROVIDED VIA THE WEBSITE. LOCKERZ SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR PURCHASE OR USE OF PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA THE WEBSITE (INCLUDING ANY ACQUISITION OR USE OF PTZ), INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF LOCKERZ HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY LOCKERZ. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, LOCKERZ’ TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50.
 

 

Exclusions and Limitations 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.
 

Governing Law 

These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to its conflicts of laws principles. EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING INTELLECTUAL PROPERTY RIGHTS (WHICH MAY BE BROUGHT IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION LOCATED IN KING COUNTY, WASHINGTON), YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THE SERVICE, YOUR MEMBERSHIP AND/OR THESE TERMS OF USE WILL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION.  You also agree that any claim must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, with Lockerz and you each bearing its and your own costs and legal fees related to the arbitration, regardless of whether you or Lockerz prevails.  Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred.  Judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction located in the State of Washington, King County, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts for this limited purpose. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law. If any part of these Terms of Use as written is held to be invalid or unenforceable, that part, if possible, is to be construed to the fullest extent that would be deemed valid or enforceable, and all remaining portions of the Terms of Use shall remain in full force and effect. 

Miscellaneous 

Members or other recipients of free or purchased merchandise from Lockerz are responsible for all applicable taxes and duties (including, but not limited to, country–specific import duties and taxes). To learn more about country–specific duties and taxes, go to http://www.fedex.com/us/international/irc/profiles/?link=2 or other resources on the Web. 

As noted above, Lockerz reserves the right to establish and apply terms and conditions on the purchase or other acquisition of merchandise and/or use of Services, including without limitation, the right to limit purchases. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  By offering this Website, the Services, and any information, products or other content through the Website and/or Services, Lockerz does not purport to distribute to or solicit you or any person to use the Website, Services or such information, products or other content in jurisdictions where providing such is prohibited by law. You agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. All rights and obligations of Lockerz under these Terms of Use, including without limitation, the Privacy Policy, are freely assignable by Lockerz in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof. If you have any problems, questions, suggestions or complaints about these Terms of Use or the Website, please Contact Us.
 

PTZ Rules 

PTZ are one of the ways that Lockerz rewards you for the things you love to do online.  These rules are part of and an addition to the Terms of Use and, as such, you understand and agree that PTZ and any receipt, use or other activity involving PTZ are subject to your compliance with the Terms of Use, including these PTZ Rules, and any other rules and requirements Lockerz may impose now or in the future.


1. PTZ may be awarded for certain purchases, participation in site activities, charitable donations, and as otherwise determined by Lockerz, as specified at http://www.lockerz.com/.


2. PTZ may only be redeemed or used at http://www.lockerz.com/ or as otherwise specifically directed and authorized by Lockerz for merchandise, services, benefits, or experiences, which, in turn, are subject to availability and to change or elimination at any time without notice.  All such redeeming or use of PTZ also must be in accordance with any specific PTZ offer.
 

3. Lockerz may, without notice and in its sole discretion, alter, limit, or modify program rules, terms and conditions, restrictions, regulations, PTZ earning structure or levels, PTZ redemption structure or levels, or any other feature of the PTZ program at any time, including without limitation, terminating or suspending the PTZ program.


4. Members may only earn and use PTZ via one membership account. The creation of multiple membership accounts by or for one individual, the transfer or sale of any such accounts, and the use of PTZ earned by or awarded to such accounts is prohibited. Lockerz reserves the right to void the membership and/or any membership privileges or benefits of any person(s) who have wrongfully earned PTZ (whether by circumvention, transfer, purchase, deception, forgery, fraud, or otherwise), or have breached these PTZ Program Rules or the Website Terms of Use.
 

5. Only the individual member who makes the purchase or engages in the PTZ–generating activity may earn and use PTZ. PTZ are not transferable from one Lockerz account to another. PTZ may not be reproduced, are not redeemable for cash, and are good for one–time use only. PTZ will be deducted from the member’s account at the time of redemption or use.
 

6. Credits for merchandise returns and other financial adjustments made by Lockerz will be deducted from or added to the PTZ balance as applicable and as determined by Lockerz in its sole and reasonable discretion.
 

7. Members are solely responsible for determination and payment of any tax or other fees, duties, service charges or liability arising out of earning, redeeming, or any other use of PTZ.
 

8. Members are subject to and shall comply with any additional terms, conditions and restrictions that apply to any acquisition, redemption or other use of PTZ.
 

9. PTZ may be redeemed immediately or accrued over time, up to a maximum of 12 months. PTZ will expire on a rolling monthly basis if not redeemed within 12 months unless otherwise extended by Lockerz at its sole discretion.
 

10. Lockerz has absolute discretion with respect to how PTZ are earned and how PTZ are used. Lockerz may zero out and/or reduce your PTZ if Lockerz becomes aware of any alleged or confirmed violation of the Terms of Use, the PTZ Program Rules, or any applicable law or regulation, and the final determination with respect to such PTZ in connection with such alleged or confirmed violation shall be in Lockerz sole discretion. 

11. Violations of these PTZ Rules may result in loss of membership, permanent or temporary block of access and/or membership to the Website, loss of or reduction of PTZ, or as otherwise reasonably determined by Lockerz in its sole discretion.
 

12. LOCKERZ SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) TO A MEMBER OR ANY THIRD PARTY, INCLUDING FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH A MEMBER'S REDEMPTION OF PTZ FOR MERCHANDISE, EXPERIENCES OR OTHERWISE. 

 

 

Updated February 6, 2013