Terms of service

IMPORTANT LEGAL INFORMATION: PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.  IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE AND THE PRODUCTS AND SERVICES AVAILABLE FOR SALE THROUGH THE SERVICE.

         

THIS AGREEMENT CONTAINS A MANDATORY DISPUTE RESOLUTION PROVISION AND ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. THIS ARBITRATION AGREEMENT REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN A COURT PROCEEDING. PLEASE REVIEW THOSE SECTIONS CAREFULLY.

         

Overview

Welcome! The following Terms of Use (“Terms”) apply to all visitors or users of our Te Amo Mucho websites, microsites, and mobile websites (each, a “Site”), our mobile applications (each, an “App”), and your use of interactive features, widgets, plug-ins, content, downloads and/or other online services that we own and control and that post a link to these Terms (collectively with each Site and each App, the “Service”).  The Service is made available by Te Amo Mucho, LLC, Te Amo Mucho, Inc., (collectively referred to herein as “TAM”,” “we”,” “our” or “us”).

         

If you want to access or use the Service, then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations.  Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted.  Therefore, do not use the Service if you do not agree. In the event of a violation of these Terms, we reserve the right to seek all remedies available by law and in equity.

         

The business realities associated with operating the Service are such that, without the limitations that are set forth in these Terms, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes – we would not make the Service available to you.

         

By accessing and/or using the Service, you agree to be bound by these Terms.  In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service such as if you join our loyalty program (which may only be available in select markets), you agree to our loyalty program terms that will apply (in each such instance, and collectively “Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

         

Table of Contents

         

It is important that you read and understand these entire Terms before using the Service.  To ease review, each section below includes a brief introductory summary and a link to the full explanation.  Please note that the complete provisions, and not the headings or summaries shall govern.  You can click on the headings and “More” buttons to be taken to the full explanation.  Any capitalized terms have the meanings given to them where defined in the Terms.

1.  Service Content, Ownership, Limited License And Rights of Others              

We only grant you a limited, revocable right to use the Service for your own non-commercial use, subject to rules and limitations.

2.  Service and Content Use Restrictions   

Your use of our Service is subject to various restrictions designed to protect the Service and our users.  We may change or discontinue our Service in whole or in part.

3. Terms Applicable to Purchases   

If you purchase products and services from us via the services, including through use of auto-replenishment feature, these terms apply.

4. Your Account

You may have the opportunity to open, revise and close your accounts, subject to certain rules.  We may offer you the ability to make choices regarding how and to whom some aspects of your account are used and seen, but these may not be completely effective.           

5.  Your User Content and Community Usage Rules, and Your Interactions with Us and Our Technologies (Including Artificial Intelligence) 

You grant us a broad license, which we may sublicense, to the content you submit which you represent you have the right to allow us to use.  You, however, retain ownership of and responsibility for, your content.  Use of our Service is subject to community usage rules and we have the right to manage our Service to keep its content appropriate. When you interact or communicate with us, you are also interacting and communicating with or through our third-party service providers and their technologies, including automated chatbots, which are facilitated by artificial intelligence.            

6.   Notice of Copyright Infringement under the "Digital Millenium Copyright Act (DMCA)          Users may not post content they do not own or have a license to use, and may be suspended or terminated if they do so.  Copyright owners may give us notice of infringement by following specific instructions specifically addressed in this Section.            
7.  Procedure for Alleging Infringement of Other Intellectual Property  

 You can also give notice of trademark and other infringements that you think occur on the Service.           

8.  Notices and Questions 

You agree we may provide you notices, including of new terms and conditions, by posting notice on the home page of the Service, changing the date at the beginning of these Terms or by other reasonable means that we may elect, such as to the email address you provided.       

9.  Linked-To Websites; Advertisements: Dealings with Third Parties              

We are not responsible for third parties or their content, advertisement(s), apps, sites, products and/or services.  We may make advertisements and third-party content or services available to you on or via our Service, which we do not control.  Use caution when dealing with third parties.           

10.  Wireless Features 

Wireless carrier charges may apply to use of the Service via wireless networks or Devices.           

11.   Dispute Resolution

You agree to arbitrate most disputes and waive jury trial and class actions and to bring many types of claims within one (1) year.           

12.  Disclaimer of Representations and Warranties           

We disclaim warranties to the extent permitted by applicable law, and provide the Service “As Is”.            

13.  Limitations of our Liability 

Our liability is greatly limited.            

14.  Waiver of Injunctive or Other Equitable Relief 
You waive equitable or injunctive relief.
15.  Updates to Terms              

These Terms and Additional Terms posted on the Service at each time of use apply to that use, and the Terms may be prospectively updated as our Service evolves.  Posting of new Terms on the Service is notice to you thereof. 

16.  General Provisions            

You agree to various other terms and conditions, which you should read here, including regarding: (a) our control and discretion; (b) your indemnity of us; (c) accessing the Service from outside of the United States; (d) enforcement and interpretation of these Terms; (e) communications with us; (f) investigations, cooperation with law enforcement, termination and survival; (g) limit on assignment and delegation of rights and obligations; (h) how waivers may be made; (i) your California consumer rights; and (j) your responsibility for your connectivity and access.           

17.  Terms Applicable For Apple Device Users            

There are some other things you should know if you are accessing or using our mobile app through an Apple Device.   

         

Full Details of the Terms of Use

1.    Service Content, Ownership, Limited License and Rights of Others

A. Content.  The Service contains a variety of: (i) materials and other items relating to Te Amo Mucho LLC and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Shop Te Amo Mucho, Te Amo Mucho, Inc., and Te Amo Mucho, (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing collectively, “Content”).

B. Ownership.  The Service (including past, present, and future versions) and the Content are owned by TAM, our licensors and/or certain other third parties.  All right, title, and interest in and to the Content available via the Service is the property of TAM or our licensors or certain other third parties, and is protected by U.S., Canadian and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.  TAM owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.

                                           

C. Limited License.  Subject to your strict compliance with these Terms and any Additional Terms, TAM grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only.  The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in TAM’s sole discretion, and without advance notice or liability.  In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.

                                           

D. Rights of Others.  When using the Service, you must respect the intellectual property and other rights of TAM and others.  Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.                                            

                                           

E. Special Notice.  TAM and its affiliates have a no-tolerance policy regarding the use of our Content, including our Trademarks or names in metatags and/or hidden text. Specifically, the use of our Trademarks in metatag keywords is trademark infringement, and the use of Trademarks in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page on this Service is prohibited absent express written permission from TAM. Framing, inline linking or other association of this Service or its or its suppliers’ software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from the Service is expressly prohibited.

                  
2.    Service and Content Use Restrictions

 A. Service Use Restrictions.  You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to TAM; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, TAM, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User Content (defined below); (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users and TAM); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms. TAM reserves the right to block or deny access to the Service to anyone at any time for any reason.

                                           

B. Content Use Restrictions.  You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of TAM or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.

                                           

C. Availability of Service and Content.  TAM may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in TAM’s sole discretion, and without advance notice or liability.  

                                           

D. Reservation of All Rights Not Granted as to Content and Service.  These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service.  No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.  All rights not expressly granted to you are reserved by TAM and its licensors and other third parties.  Any unauthorized use of any Content or the Service for any purpose is prohibited.

                                                          
3.    Terms Applicable to Purchases                   

A. Purchases Generally.  To purchase any products or services sold through the Service, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence or if you are a minor and have a valid gift card or a credit or debit card where an adult has listed you as an authorized user of their card.  By submitting that information to us or to our third-party credit card processor or service provider, you agree that you authorize us and/or our processor or service provider to charge your card/account at our convenience.  For any product or service that you order on the Service, you agree to pay the price applicable (including any sales taxes, shipping fees and surcharges) as of the time you submit the order.  We will automatically bill your credit card or other form of payment submitted as part of the order process for such price.  

                                           

B. Methods of Payment, Credit Card Terms and Taxes. All payments must be made through any of the methods that are accepted at the time of payment by us or by our payment services provider. Your card issuer agreement governs your use of your designated card or payment account, and you must refer to that agreement and not these terms to determine your rights and liabilities as a card or account holder.  If for any reason your default payment method is declined or no longer available, you authorize us to charge any other payment method that you have authorized for use on your account with us.  You will remain responsible for any uncollected amounts.  You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so.  YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY.  You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes, shipping fees and surcharges) at the rates in effect when the charges were incurred.  If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us or our agents.  Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products.  We will charge the applicable taxes in effect at the time of purchase. We shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that we deem is required in accordance with our order policy in effect at the time of purchase.

                                           

C. Return Policy and Orders/Shipping Policy.  All purchase transactions made through the Service are subject to our return policy and orders/shipping policy in effect at the time of purchase.  Our current Return Policy can be found  here and is incorporated into these Terms by reference.  Our current Orders/Shipping Policy can be found here and is incorporated into these Terms by reference.  Some products or services may be made-on-demand and may be subject to additional policies, conditions and restrictions, and may take longer to ship. Such on-demand items are made and fulfilled to order, and will be noted on the product or services description.  Products or services made-on-demand may not be returned or exchanged unless damaged or incorrect on arrival due to our error or mistake. All products purchased from us are delivered to you by a third-party delivery company, pursuant to a shipping contract.  You shall become the owner of the products and shall assume the risk of loss at the time of delivery by us of the products to the third-party delivery company.  We shall not be in default if delivery is delayed or rendered impossible by forces of nature, war, civil commotion, governmental action, terrorism, fire, storm, flood, explosion, strikes, walkouts, pandemic, other industrial disturbances, utility, services or transportation interruptions or any other cause beyond our reasonable control.

                                           

D. Order Acceptance Policy.  Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell or that the price or availability of an item has been confirmed.  We reserve the right at any time after receipt of your order to accept or decline your order (or otherwise cancel your order) for any reason. We further reserve the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item or refuse to fulfil your order (in whole or in part). Your order will be deemed accepted by us upon our delivery of the products or services that you have ordered. We may require additional verifications or information before accepting any order. Unlike in-stock orders, certain products or services may be made-on-demand and may be shipped to you directly from the third party on-demand vendor and subject to additional delay due to production methods.  Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your card or payment account in the amount charged for the cancelled portion or the quantity not provided (if your card/account has already been charged for the order); or (b) we will not charge your card/account for the cancelled portion of the order or the quantity not provided.  Do not assume that a cancellation or change of an order you have placed with us has been effectuated until you receive a confirmation from us via email.  As stated above, you will be responsible for, and your credit/debit card or other third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your order was received.  We may refuse any order that is connected with a previous credit card dispute or previous apparent fraudulent activity.   We may refuse to accept any order if fraudulent activity is suspected and we may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders.

                                           

E. No Responsibility to Sell Mispriced Products.  We do our best to describe every item, product or service offered on the Service as accurately as possible.  However, we are human, and therefore we do not warrant that specifications or pricing on the Service is complete, accurate, reliable, current, or error-free.  In the event of any errors relating to the pricing or specifications of any item, product or service, we shall have the right to revoke any stated price and to correct the error, inaccuracy or omission (including after a purchase has been made) or to refuse or cancel any orders in our sole discretion (including any accepted orders).  If we charged your credit/debit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge.  If we accept and process your order where a pricing or specification error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing or misdescription, we may cancel the sale, refund you any sums you have paid and require the return of any goods provided to you under the order.  If a product you purchased from us is not as described on the Service, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging, subject to the terms of the Return Policy.

                                           

F. Modifications to Prices or Billing Terms. Purchases of products and services on the Service are subject to availability. All descriptions, images, references, features, content, information, specifications, products and prices described or depicted in connection with the Service are subject to change at any time without notice.  We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, including for any items sold by third parties (if any).  We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice (including after a purchase has been made).  Descriptive, typographic and photographic errors are subject to correction and we shall have no liability of any kind for such errors.  We reserve the right to modify or cancel orders for any reason, including for typographical, pricing and other errors at any time.  We strive to display as accurately as possible the colors of the products shown on the Service; however, we cannot and do not guarantee that your monitor’s display of any color will be accurate.  PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME.

                                           

G. Offers and Discounts.  For most promotional offers, such as coupons, vouchers, and discounts, restrictions apply.  See offer for full terms and conditions applicable thereto.  Offers are not valid on previously purchased online merchandise, merchandise purchased through third parties, gift cards, taxes or shipping and there is no cash value.  Limit one (1) offer per order. Offers may not be combined with other offers or promotions. Pricing, promotions and availability of offers may vary by store location, geographic area and customer. Limitations on availability of an offer in certain stores or areas may or may not be disclosed as part of the terms and conditions of the offer.  Offers are not valid if reproduced and they are only accepted for a limited time.  Please read the details of each offer, as coupons and promotional code restrictions vary.  We reserve the right to modify, suspend, impose conditions on or cancel offers at any time without notice.  If you return any of the items purchased with a discount offer, the discount or value may be subtracted from the return credit.  We have no obligation for payment of any tax in conjunction with the distribution or use of any offer.  You are required to pay any applicable sales tax related to the use of the offer.

                                           
Your Account

In order to access or use some (or potentially all) of the features on the Service, you may be required to first register for a user account through our registration process that we make available through the Service.  The Service’s practices governing any resulting collection and use of your personal information are disclosed in our Privacy Policy.  If  you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, that may impersonate another person, that belongs to another person, that violates the intellectual property or other right of any person or entity, or that is offensive.  We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password, for using a long and unique password that you do not use on or for other third-party websites, apps, or services,  and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (v) With respect to your account, you will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.  We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.  If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account.  We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

                  

5.    Your User Content and Community Usage Rules, and Your Interactions with Us and Our Technologies (Including Artificial Intelligence)

 A. User Content.  We may at times invite you to respond to an invitation to post digital content in the manner specified (“User Content”), for example, by using the specified tags, (e.g., the hashtag and the brand tag) or by launching Content from the Service (the “Invitation”).  By “User Content,” we mean all content, including, without limitation, product reviews, testimonials, messages, text, illustrations, files, images, graphics, photos, comments, feedback, surveys, responses, sounds, music, videos, information, content, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein that comprise the content that you post in response to such an Invitation or on the Service.  By submitting your User Content or by applying any required hashtags or other tags, you agree to these Terms.  Specifically, you:                                                                

  • Represent that you are a legal resident of the U.S., the District of Columbia, Puerto Rico, or other United States territory or possession, and are at least eighteen (18) years of age.                    
  • Represent that you own or have secured all rights, title, and interest in the User Content.                      
  • Represent that you have obtained express permission from everyone who took, or is appearing in, your User Content.                  
  • Acknowledge that you will not be compensated in any way for our use of your User Content.                        
  • Represent that you understand that we may retouch, edit or otherwise alter User Content (such as photos) without your ability to inspect or pre-approve.                  
If you do not fully consent to and authorize use of User Content as outlined here, do not respond to the Invitation.  If you want to have your User Content taken off the Service at any time, please contact us at support@shopteamomucho.com.  Subject to the license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Content and you remain ultimately responsible for it.                                         
                        

(i) Non-Confidentiality of Your User Content. Except as otherwise described in the Service’s posted Privacy Policy or any Additional Terms, you agree that: (a) your User Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) TAM does not assume any obligation of any kind to you or any third party with respect to your User Content.  Upon TAM’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms.  You acknowledge that your User Content may be viewed by any visitor to the Service and, accordingly, agree not to submit any User Content that contains detailed or sensitive information (such as personal information), whether concerning you or others.  In your communications with TAM, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”).  Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User Content and licensed to us as set forth below.  In addition, TAM retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials.  TAM's receipt of your Unsolicited Ideas and Materials is not an admission by TAM of their novelty, priority, or originality, and it does not impair TAM’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

 

6.    Notice of Copyright Infringement under the “Digital Millennium Copyright Act” (DMCA)

 A. DMCA Notice.  TAM will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below.  If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:                                               

                            

(i)    a legend or subject line that says: “DMCA Copyright Infringement Notice”;

                                                           

(ii)    a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

                                                           

(iii)    a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Service on which the material appears);

                                                           

(iv)    your full name, address, telephone number and email address;

                                                           

(v)    a statement by you 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;  

                                                           

(vi)    a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and  

                                                           

(vii)    your electronic or physical signature.

                          
 BBWD will only respond to DMCA Notices that it receives by  email at the address below:                                                              
                                      By Email: support@shopteamomucho.com                                                                             

It is often difficult to determine if your copyright has been infringed. TAM may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and TAM may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

                                             

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

                                                 

We may send the information that you provide in your notice to the person who provided the allegedly infringing work.  That person may elect to send us a DMCA Counter-Notification.

                                                 

Without limiting TAM’s other rights, TAM may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by TAM.

                                         

B. Counter-Notification.  If access on the Service to a work that you submitted to TAM is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above.  Your DMCA Counter-Notification should contain the following information:

                                               
                                                 

(i)    a legend or subject line that says: “DMCA Counter-Notification”;

                                                           

(ii)    a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL or page of the Service from which the material was removed or access to it disabled);

                                                           

(iii)    a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

                                                           

(iv)    your full name, address, telephone number, e-mail address, and the username of your account;

                                                           

(v)    a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Northern District of Ohio), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and

                                                           

(vi)    your electronic or physical signature.

                                                   
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.                                                          

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification.  However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service.  You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Procedure for Alleging Infringement of Other Intellectual Property

                

                    

If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice to the addresses set forth above that includes all of the following:

                    
                                             

(a)    a legend or subject line that says: “Intellectual Property Infringement Notice”;

                                                   

(b)    a description of the intellectual property that you claim has been infringed;

                                                   

(c)    a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Service on which the material appears);

                                                   

(d)    your full name, address, telephone number and email address;

                                                   

(e)    a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;

                                                   

(f)    a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and

                                                   

(g)    your electronic or physical signature.

                                               
                                         

We will act on such notices in our sole discretion.  We may send the information that you provide in your notice to the person who provided the allegedly infringing material. Any user of the Service that fails to respond satisfactorily to TAM with regard to any such notice of infringement related to User Content, is subject to suspension or termination.

                

                  

8.    Notices and Questions

                

                    

You agree that: (i) we may give you notices of new, revised or changed terms and other important matters by posting the updated Terms on the Service or in another reasonable manner that we may elect; and (ii) we may contact you by mail or email sent to the address provided by you.  You agree to promptly notify us if you change your email or mailing address by updating your account information.

                                           

If you have a question regarding using the Service, you may contact us.  You acknowledge that the provision of customer support is at TAM’s sole discretion and that we have no obligation to provide you with customer support of any kind.