Last updated: 1/17/2014
AGREEMENT BETWEEN USER AND CASUAL ADVENTURE, INC.
The Casual Adventure web site is comprised of various web pages operated by Casual Adventure, Inc. (“Casual Adventure”)
The Casual Adventure web site is offered to you conditioned upon your acceptance without modification of, and agreement to, the terms, conditions, and notices contained herein and policies of Casual Adventure. Your use of the Casual Adventure web site constitutes your acceptance of and agreement to all such terms, conditions, and notices and policies of Casual Adventure. Those terms, conditions, and notices and policies of Casual Adventure are incorporated herein by reference, as if fully set herein.
Casual Adventure reserves the right to change the terms, conditions, and notices under which the Casual Adventure web site is offered, including but not limited to, the charges associated with the use of the Casual Adventure web site, without notice. Each time that you use the Casual Adventure web site, you must review and abide by the then current version of the terms, conditions and notices and policies of Casual Adventure. Your use at that time and thereafter the changes constitutes your acceptance of and agreement to all such terms, conditions, and notices and policies of Casual Adventure at that time.
SOME BASICS IN USE OF THE CASUAL ADVENTURE WEB SITE AND REGARDING PRICING
Users of the Casual Adventure web site are those who are creating orders from us, or suppliers of our inventory, or exploring creating orders or simply browsing the Casual Adventure web site (collectively “the public”) and suppliers or providers of goods and services (“Suppliers”) and. Both the public and the Suppliers are Users and our customers.
The public may order from Casual Adventure (“Orders”) using the Casual Adventure web site. Casual Adventure may change its published prices and those published prices are in the sole and exclusive control of Casual Adventure. Casual Adventure reserves the right to amend offers and published pricing after an Order, including without limitation to correct any price that had not been intended or is not considered correct.
Suppliers may create links to the Casual Adventure web site on their own web site and Casual Adventure may create links to Supplier web sites on the Casual Adventure web site. Based on the published information, and in strict accord with the prices in the information, the public is sometimes able to order directly from Suppliers (“Supplier Direct Orders”) using the Casual Adventure web site. Supplier Direct Orders are transmitted to the Suppliers by electronic means, including without limitation, email, text message, and facsimile transmissions. Suppliers may change their published prices and those published prices are in their own sole and exclusive control but Suppliers must provide the public with the prices that are posted without reserving a right to amend those offers after a Supplier Direct Order, including without limitation to correct any price that had not been intended or is not considered correct. As a consequence, Suppliers must exercise due care with regard to their prices and product and service information and any Submissions as Casual Adventure will not be responsible for any pricing issues or revenue losses of the Suppliers, or likewise, of any of the public users, due to Supplier Direct Orders. Supplier failures to honor their published prices or Submissions offered is cause, at the sole discretion of Casual Adventure for suspension of, or the termination of continuing service, by Casual Adventure on the Casual Adventure website.
Casual Adventure cannot assure that the Casual Adventure web site will be always available or on line or capable of use by Users.
The Casual Adventure web site is not intended to be accessed and used by persons under the age of 18 for purposes of making Orders. You represent and warrant that you are at least 18 years of age for the purposes of making Orders. If you are not at least 18 years of age, you must not access or use the web site for the purpose of making Orders or otherwise absent the express permission by your parents or guardians.
MATERIALS AND DATA PROVIDED TO CASUAL ADVENTURE OR POSTED AT ANY CASUAL ADVENTURE WEB SITE
In addition to the requirements set forth here, the data and materials that you provide may also be subject to requirements of law or regulation.
Casual Adventure does not claim ownership of the data or materials you provide to Casual Adventure (including feedback and suggestions) or post, upload, input or submit to any Casual Adventure web site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Casual Adventure, its affiliated companies and necessary sublicensees permission to use, subject to the limitations of all relevant law and regulation and in accordance with that law and regulation, your Submission in connection with the operation of their Internet businesses or any other business they operate including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. Casual Adventure, its affiliated companies and necessary sublicensees will not be required to treat any Submission as confidential, and will not be liable for use or non-use of any ideas for its business in Submissions (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities to any Submissions that may appear in future operations by Casual Adventure, its affiliated companies and necessary sublicensees.
Casual Adventure is under no obligation to post or use, as provided herein, any Submission you may provide and may remove any Submission at any time in Casual Adventure's sole discretion.
No compensation will be paid with respect to the use of your Submission, as provided herein, provided however, it is also agreed that the services in processing and reporting that Casual Adventure provides for your Submissions, including in certain instances related to Suppliers and Supplier Direct Orders, are separately the primary subject for your Submissions to the Casual Adventure web site and are the subject of your fees to be paid to Casual Adventure or to be collected by Casual Adventure, including in certain instances related to Suppliers and Supplier Direct Orders, in accord with separate policies and arrangements published by Casual Adventure.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You acknowledge that you are responsible for whatever material you submit, and you, not Casual Adventure, have full responsibility for the Submission including without limitation any message of the Submission, including the rights in the Submission and its content, and its reliability, along with it and its content being appropriate as is further detailed herein.
Security of your Personal Information
The Casual Adventure web site stores the limited information we do collect, usually for limited time or use in providing the services by us, on computers located in a controlled, secure facility protected from physical and/or electronic unauthorized access, use, or disclosure. In ordering activities by you, you do provide credit card information and other personal information to facilitate the order processing. When confirming an order, we reveal only the last four digits of your credit card numbers. Of course, we transmit the entire credit card number and other associated information to the appropriate processing providers/credit card company during order processing.
It is important for you to protect against unauthorized access to your personal and financial information, password and to your computer as well. Be sure to sign off when finished using a shared computer.
Security We protect the privacy and integrity of the information collected by employing appropriate administrative protocols, technical safeguards, and physical security controls designed to limit access, detect and prevent the unauthorized access, improper disclosure, alteration, or destruction of the information under our control.
Although we follow the procedures set forth above to protect the information submitted to us, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while the Casual Adventure web site strives to use commercially acceptable means to protect information, we cannot guarantee its absolute security. If you have any questions about security, please feel free to contact us by email at support@CasualAdventure.com.
Internet Fraud We have a Zero Tolerance policy for Internet fraud or any attempt to access or acquire customer and/or other information via illegal or surreptitious means. We work with local, national, and international fraud investigation agencies as required and employ a variety of electronic and other means to discourage, detect, and intercept fraudulent activities. We will aggressively prosecute to the fullest extent of the law those perpetrators apprehended who conduct fraudulent activities.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Casual Adventure web site, you warrant to Casual Adventure that you will not use the Casual Adventure web site for any purpose that is illegal, unlawful or prohibited by these terms, conditions, and notices. You may not use the Casual Adventure web site in any manner which could damage, disable, overburden, or impair the Casual Adventure web site or interfere with any other party's use and enjoyment of the Casual Adventure web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Casual Adventure web sites.
USE OF THE CASUAL ADVENTURE WEB SITE AND ITS COMMUNICATION SERVICES
The Casual Adventure web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities (all which allow Submissions) designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Casual Adventure web site to actions that are proper and related to the Casual Adventure web site and any Communication Services in the Casual Adventure web site only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Casual Adventure web site including without limitation any Communication Service, you will not:
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity and property rights) of others.
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
· Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
· Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
· Advertise or offer to sell or buy any goods or services for any business purpose (except in the event any such particular Communication Service specifically exists and specifically allows such messages, such as in the event of allowances for Supplier Direct Orders).
· Conduct or forward surveys, contests, pyramid schemes or chain letters.
· Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying the Casual Adventure web site including its Communication Services.
· Violate any code of conduct or other guidelines (including any which may be particularly applicable for any particular Communication Service).
· Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
· Violate any applicable laws or regulations.
Casual Adventure has no obligation to monitor the Casual Adventure web site or its Communication Services. However, Casual Adventure reserves the right to review materials posted in the Casual Adventure web site or to a Communication Service and to remove any materials in its sole discretion. Casual Adventure reserves the right to terminate your access to the Casual Adventure web site and any or all of the Communication Services at any time without notice for any reason whatsoever.
Casual Adventure reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Casual Adventure's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children on the internet including without limitation in the Casual Adventure web site or in any Communication Service. Casual Adventure does not control or endorse the content, messages or information found in any Communication Service and, therefore, Casual Adventure specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Casual Adventure also specifically disclaims any liability with regard to the Casual Adventure web site and any actions resulting from your use of the Casual Adventure web site.Managers and hosts within the site or the Communications Service, including any forums or responses to inquiries, are not authorized Casual Adventure spokespersons, and their views do not necessarily reflect those of Casual Adventure.
Materials uploaded to the Casual Adventure web site, including without limitation, a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
LINKS TO THIRD PARTY SITES
The Casual Adventure web site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of Casual Adventure and Casual Adventure is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Casual Adventure is not responsible for webcasting or any other form of transmission received from any Linked Site. Casual Adventure is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Casual Adventure of the site or any association with its operators. The Casual Adventure web site may contain links to other web sites which Casual Adventure does control. These are not Linked Sites and Casual Adventure may have different terms, conditions, and notices under which these other web sites which Casual Adventure does control are offered.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CASUAL ADVENTURE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CASUAL ADVENTURE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CASUAL ADVENTURE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE CASUAL ADVENTURE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
CASUAL ADVENTURE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CASUAL ADVENTURE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CASUAL ADVENTURE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Casual Adventure reserves the right, in its sole discretion, to terminate your access to the Casual Adventure web site and the related services or any portion thereof at any time, without notice.
CASUAL ADVENTURE COMPENSATION
Casual Adventure receives compensation for its services from Suppliers related to Supplier Direct Orders according to policies, terms and agreements between them and from Users making Orders using the Casual Adventure web site based on policies, terms and payment arrangements, including credit card payments, arranged at the time of the Orders. Casual Adventure policies, terms and payment arrangements made in its retail store locations may not be identical to the policies, terms and payment arrangements for the Orders made using the Casual Adventure web site.
To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of state courts in Arlington County, Virginia, U.S.A. and federal courts in Alexandria, Virginia, U.S.A. in all disputes arising out of or relating to the use of the Casual Adventure web site. Use of the Casual Adventure web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Casual Adventure as a result of this agreement or use of the Casual Adventure web site. Casual Adventure's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Casual Adventure's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Casual Adventure web site or information provided to or gathered by Casual Adventure with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein and as is set forth and supplemented in license agreements related to the Casual Adventure software and services agreements for Casual Adventure services, this agreement (including those items incorporated herein, the terms, conditions, and notices and policies of Casual Adventure) and those applicable license agreements and services agreements constitute the entire agreement between the user and Casual Adventure with respect to the Casual Adventure web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Casual Adventure with respect to the Casual Adventure web site. This Agreement supersedes any of these items as they are incorporated in the event of any conflict between this Agreement and them. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement is written in English and, even if translated for the convenience of the reader, It is the expressed intention of the parties that this agreement and all related documents be construed, as written, in English.
SERVICE CONTACT: support@CasualAdventure.com
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Casual Adventure web site are: Copyright © 2014 by Casual Adventure, Inc. and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Use of Casual Adventure trademarks, designs and/or logos, whether registered or unregistered, without the express written consent of Casual Adventure is prohibited.
Any rights not expressly granted herein are reserved.
As a consequence of the aforementioned copyrights, trademarks and other rights of Casual Adventure and due to other obligations of Casual Adventure, use of hyperlinks to and any creation of hyperlinks to the Casual Adventure web site or any portion thereof without the express written consent of Casual Adventure are prohibited.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT (DMCA NOTICES AND PROCEDURES)
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Content posted to the interactive areas of the Casual Adventure web site may be protected by copyright or proprietary right. You may display and, subject to any expressly stated restrictions or limitations relating to that specific material, download portions of the material solely for your non-commercial uses. Any redistribution, retransmission, or publication of any material or content on the Casual Adventure web site is strictly prohibited without the express written consent of the copyright owner. You further agree not to modify or delete any proprietary notices from materials downloaded from the Casual Adventure web site.
You understand and agree that you shall have no recourse against Casual Adventure for any alleged or actual infringement or misappropriation of any proprietary right in any content you submit to us.
If you believe that any content on the Casual Adventure web site infringes on your copyright, or otherwise violates these Terms of Service, please contact us to report irregularities with the following information: