PLEASE READ CAREFULLY, AS THESE ARE THE TERMS AND CONDITIONS THAT YOU AGREE TO BE BOUND BY AND THAT GOVERN YOUR USE OF THE WWW.SPIRITBATH.COM WEBSITE.
1. Eligibility and Acceptance of Terms. The Site is neither intended nor designed for children under the age of 13. By accessing or using the Site you represent and warrant that you are at least age 18 or the minimum legal age to enter into an enforceable contract in your resident jurisdiction. If you are under the age of 18, but at least the age of 13, then you represent, warrant and confirm that you possess the legal consent of your parent or legal guardian to access and use the Site. By accessing or using the Site, including, without limitation, by purchasing a product or service via the Site or by submitting, posting, uploading or otherwise transmitting or making available any visual material, link, text, audio, video, information, code, comment or other content or material on or to the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and any revisions thereto. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child the age of 13 or older, then you represent, warrant and confirm that you have reviewed and consent to these Terms and accept full responsibility for your child’s use of the Site, including but not limited to all financial obligations, charges and other liabilities that your child may incur in connection with the use of the Site.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING OR USING THE SITE IN ANY MANNER WHATSOEVER AND YOU ARE HEREBY INSTRUCTED TO LEAVE THE SITE IMMEDIATELY.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or entity to these Terms and, in such instance, “you” and “your” will refer and apply to that company or entity. To the extent you do not have such authority, you are prohibited from accessing or using the Site in any manner whatsoever and you are hereby instructed to leave the Site immediately.
2. Additional Terms and Conditions. Certain areas of the Site, including but not limited to the areas of the Site via which you may purchase Spiritbath products, may require you to accept additional terms and conditions (collectively, the “Additional Terms”). If there is a conflict between these Terms and any such Additional Terms, the Additional Terms will govern with respect to your use of or access to that area or function of the Site. If there are no Additional Terms, your use of or access to that area or function of the Site will be governed by these Terms.
3. Access and Use of Site. Subject to your full and continuing compliance with these Terms and any Additional Terms, Spiritbath grants you a limited, non-exclusive, non-transferable license (with no right to sublicense) to access and use the Site. You agree not to use, copy, adapt, modify, reproduce, republish, disseminate, prepare derivative works based upon, distribute, license, sell, transfer, publicly display or perform, transmit, stream, broadcast or otherwise exploit the Site or the content on or within the Site, except for informational or personal, non-commercial uses or as expressly authorized by Spiritbath herein. Spiritbath has no obligation to continue to maintain or support the Site in any way, or to provide updates or error corrections to the Site. Your rights under these Terms will terminate immediately and automatically, with or without notice and in Spiritbath’s sole discretion, if Spiritbath ceases to maintain or support the Site. Spiritbath reserves the right to suspend, restrict and/or revoke your access to and use of the Site at any time, with or without cause. You acknowledge that Spiritbath has no obligation to monitor your access to or use of the Site or to review or modify any Content (as defined below), but may do so in its sole discretion for the purpose of operating the Site, to ensure compliance with these Terms, or to comply with any applicable law, regulation, requirement or standard.
5. Spiritbath Intellectual Property. The Site, its look and feel, and the logos, icons, graphics, insignia, names, marks, features, functions, text, graphics, button icons, phrases, images, audio or video clips or content, data compilations, software, designs or similar items contained on or within the Site and/or the compilation or organization thereof constitute the trade names, trademarks or service marks (registered or unregistered), copyrights, or other intellectual property, proprietary or publicity rights of Spiritbath and/or its subsidiaries or affiliates (collectively, the “Spiritbath IP”). The Site and the Spiritbath IP are protected by trademark, copyright and/or other laws of the United States and foreign countries. Except as expressly provided in these Terms, Spiritbath own all right, title and interest in and to the Site and the content therein, including all associated intellectual property and proprietary rights, and to all Spiritbath IP. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices on, within or about the Site or Spiritbath Social Media. In addition, you agree not to: (i) use, display, mirror or frame the Site or any of the pages or elements on or within the Site, Spiritbath’s name, any Spiritbath IP, or the layout and design of any page on the Site or portion thereof, without Spiritbath’s express written consent; or (ii) use any metadata utilizing any Spiritbath IP or other Spiritbath branding, uniform resource locators (URLs) or product names without Spiritbath’s express written consent. You acknowledge that the use of Spiritbath IP on the Site or Spiritbath Social Media is not a license, express or implied, for you or any third party to in any way use Spiritbath IP. The use of Spiritbath IP, except as provided in these Terms, is prohibited, and you are not permitted to copy, reproduce, republish or disseminate any Spiritbath IP without Spiritbath’s prior written approval. No licenses or rights are granted to you by implication or otherwise under any intellectual property or proprietary rights owned or controlled by Spiritbath, except for the licenses and rights expressly granted in these Terms. Spiritbath reserves all rights in and to the Spiritbath IP, the Site and the Site’s content, functionality and services not expressly granted in these Terms.
6. Copyright Infringement. Spiritbath respects copyright and related laws and expects users of the Site to likewise respect such laws. Spiritbath may terminate the rights of users of the Site that infringe or are believed to have infringed the rights of copyright holders. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to Spiritbath’s Designated Agent for notices of infringement and provide the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
Identification of the copyrighted work(s) that you claim has been infringed;
A description of the material that you claim is infringing and the location of that material on the Site;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Spiritbath’s Designated Agent for notice for claims of copyright infringement is:
Delta Apparel, Inc.
322 S. Main Street, Greenville, SC 29601
firstname.lastname@example.org; Subject Line: Copyright Infringement
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SPIRITBATH THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO SPIRITBATH’S CUSTOMER SERVICE DEPARTMENT VIA EMAIL TO SLWEBCSR@SALTLIFE.COM.
7. Products and Orders. The inclusion, listing, display and/or advertisement of any products or services on the Site do not warrant that these products or services will be available at any particular time. Such products or services may be unavailable, may have different characteristics or attributes than those set forth on the Site, or may have a different selling price than that listed on the Site. The color of products shown on the Site is dependent in part on your computer system, and Spiritbath does not guarantee the accurate display of product colors. Spiritbath endeavors to describe its products and services on the Site as accurately as possible. However, nothing contained in these Terms constitutes a representation or warranty with respect to any content, services or products and Spiritbath does not guarantee the accuracy, completeness or utility of any content or product or services descriptions. Spiritbath may make changes to product pricing, product availability or other product or service information without notice and in its sole discretion, and Spiritbath reserves the right, in its sole discretion and without notice, to limit the quantity of a particular product or service that may be ordered, to reject any order, to cancel any order even if already submitted, and/or to require additional information or verifications prior to acceptance or shipment. Regarding the shipment of products, title and risk of loss for the products you purchase via the Site transfers to you upon Spiritbath’s tender of the products to the applicable carrier and you are responsible for filing any claims related to lost or damaged products with such carrier. It is your responsibility to comply with all applicable laws and regulations regarding the receipt, possession, use and sale of products or services purchased via the Site and by placing an order for products or services via the Site you represent that the products or services you purchase will only be used lawfully. Spiritbath does not allow children to purchase products or services from the Site and only sells products or services via the Site to individuals age 18 or older. All orders for products or services made via the Site are subject to acceptance by Spiritbath. The products and services available on the Site are for personal use only and you are not permitted to sell or resell the products or services you purchase or otherwise receive from Spiritbath.
8. User-Submitted Content and Feedback. By submitting, posting, uploading or otherwise transmitting or making available on or to the Site or Spiritbath Social Media: (i) any photograph, image, graphic, visual material, link, text, music, audio, video, information, code, comment or other content or material (collectively, “Content”); or (ii) any feedback, ideas, reviews or suggestions for improvement regarding the Site or Spiritbath’s products or services (collectively, “Feedback”), you hereby agree to, acknowledge and understand as follows and hereby grant the following rights and permissions to Spiritbath and Spiritbath’s parent company, affiliates, subsidiaries, licensees, successors and/or assigns, and to each of Spiritbath’s and such entities’ managers, officers, employees, agents and representatives, and those acting with their authority and permission (collectively, “Affiliates”) with respect to any of your Content or Feedback, regardless of the form or method you choose to submit any such Content or Feedback: