Terms and Conditions
This website (the “Site”) is operated by Pocketovens.com, (collectively, “we,” “us” or “our”). Your use of, and access to, this Site is subject to these Terms of Service (these “Terms”). These Terms are a legal agreement between you and us, and they contain important information on your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Site, you (i) acknowledge that you have read and understand, and are agreeing to be bound by these Terms and that you are agreeing to comply with all applicable laws, rules, policies and regulations; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. This Site is not for individuals under 18 years of age and in no event shall any individual under the age of 18 use the Site. You further acknowledge and agree that your access to and use of the Site and the services provided through the Site are valuable benefits that you receive by agreeing to, and complying with, these Terms. If you do not wish to agree to these Terms, you may not access, browse or use the Site and you should discontinue these activities immediately.
We may change or revise these Terms at any time, for any reason and without notice, and if you use or access the Site or any services offered on the Site at any time on or after the “Last Updated As Of” date set forth above, you are deemed to have been notified of, and your use or access of the Site or any such services after that date signifies your acceptance of, any changes or revisions arising on or before that date. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms. You can address your questions or concerns regarding these Terms by contacting us.
Our Returns Policy constitutes a part of these Terms and explains the terms and conditions for customer returns, exchanges and warranty claims.
Our Shipping Policy constitutes a part of these Terms and explains our shipping policy, how our shipping methods work and how our shipping-related guarantees (if applicable) function.
Pocketovens.com, its subsidiaries, affiliated companies, distributors, vendors, contractors, and/or licensors (collectively, the “Pocketovens.co Parties”) are the owners or licensees of all content and materials on the Site (“Site Content”) and of all related intellectual property rights, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. Site Content includes, without limitation all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements and downloadable materials on the Site, as well as the, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic conventions of the Site. Site Content does not include Your Content, as that term is defined below.
You do not acquire any ownership interests in any Site Content by accessing, browsing or otherwise using the Site.
Your Use and Your Content; License Grant; Right to Monitor and Editorial Control
You may access, browse and use the Site and Site Content only for your personal, non-commercial use, on a single computer, mobile phone or other Internet-compatible device to enable you to use the Site. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Site Content.
Certain features of the Site may allow you to post, upload, transmit or submit certain materials, content, information or ideas to the Site (“Your Content”). Except for Your User Information required to be provided in connection with Your Registration (as defined and described below), We do not ask for, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant to us the license to Your Content granted below, and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (ii) grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world); and (iii) indemnify and hold harmless us and the Pocketovens.com Parties from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Site, Your Content or its posting on, or submission to, the Site, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Site at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site, or through the Site’s services or features, by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
You warrant and agree that, while accessing or using the Site, you will not:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site, the Pocketovens.com Parties or otherwise affiliated with us;
- use the Site to advocate the use of controlled substances or the use of products or services offered or promoted on the Site in connection with controlled substances;
- use an inappropriate username or screen name;
- insert your own or a third party’s advertising, branding or other promotional content into any Site Content;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided through the Site;
- engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
- use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers;
- use the Site or its services in violation of our intellectual property or other proprietary or legal rights or rights any third party;
- use the Site or its services in violation of any applicable law;
- attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Site or its services;
- post, transmit, publish or otherwise disseminate through the Site any of Your Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to the reputation of any of the Pocketovens.com Parties or any of her or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.
Your Registration and Your User Information
You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Registration or Your User Information. You must notify us immediately of any suspected or actual unauthorized use of Your Registration or Your User Information, and of any and all other security breaches.
We reserve the right to terminate Your Registration or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Registration and remove your User Content from the Site. You have the right to cancel Your Registration at any time. You may cancel Your Registration by following the instructions on the Site.
If you voluntarily terminate Your Registration or allow Your Registration to lapse, you may reactivate Your Registration at any time through the account interface on the Site. Accounts terminated by us for any type of abuse, including without limitation a violation of these Terms, may not be reactivated.
AMONG OTHER ITEMS OFFERED FOR SALE ON THE SITE, WE SELL VAPORIZERS. VAPORIZERS ARE DESIGNED, MANUFACTURED AND SOLD AS HOT AIR EXTRACTION DEVICES USED AND INTENDED TO BE USED IN THE FIELDS OF AROMATHERAPY. THE LAWFUL AND PROPER USE OF ANY VAPORIZER OR ACCESSORY IS A REQUIRED CONDITION OF SALE. BY PURCHASING VAPORIZER PRODUCTS, YOU ARE REPRESENTING THAT YOU ARE 18 YEARS OF AGE OR OLDER, AND THAT YOU AGREE TO FOLLOW THE INSTRUCTIONS CONTAINED IN THESE TERMS AND IN ANY ACCOMPANYING LITERATURE. THE IMPROPER USE OF VAPORIZERS MAY VOID ANY APPLICABLE WARRANTY. ANY ILLEGAL USE OR RESALE OF VAPORIZERS COULD SUBJECT YOU TO FINES, PENALTIES AND/OR IMPRISONMENT.
VAPORIZERS ARE ONLY TO BE USED BY SOMEONE KNOWLEDGEABLE IN THE FIELDS OF AROMATHERAPY. ONLY LEGAL, SAFE, KNOWN, IDENTIFIABLE AND COMMERCIALLY DEVELOPED AND MARKETED ESSENTIAL OILS OR AROMATHERAPY BLENDS SHOULD BE USED IN ANY VAPORIZERS PURCHASED FROM THIS SITE. KEEP VAPORIZERS AND ALL SIMILAR PRODUCTS OUT OF THE REACH OF CHILDREN. STUDY THIS INFORMATION, THE PRODUCT INSTRUCTIONS, AND ALL OF THE ACCOMPANYING LITERATURE BEFORE USING A VAPORIZER OR ANY ESSENTIAL OIL OR AROMATHERAPY BLEND.
THE INFORMATION CONTAINED IN THIS DISCLAIMER AND ANY OTHER CAUTIONARY INSTRUCTIONS, AND ALL OF THE DOCUMENTATION AND LITERATURE INCLUDED WITH ANY VAPORIZER PRODUCT SOLD ON THIS SITE WAS DEVELOPED FOR INFORMATIONAL PURPOSES ONLY. IN NO WAY IS ANY OF THE INFORMATION CONTAINED IN THIS DISCLAIMER OR OTHER DOCUMENTATION INTENDED TO BE A MEDICAL OR PRESCRIPTIVE GUIDE. NO ESSENTIAL OIL OR AROMATHERAPY BLEND SHOULD TAKE THE PLACE OF ANY PRESCRIBED MEDICATION. NEITHER THE MANUFACTURER NOR THE SELLER, OR THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS OR SHAREHOLDERS, OF ANY VAPORIZERS OR SIMILAR PRODUCTS OFFERED FOR SALE ON THE SITE IS RESPONSIBLE FOR THE MISUSE OF SUCH PRODUCTS OR THE MISUSE OF ANY ESSENTIAL OIL OR AROMATHERAPY BLEND. YOU AND ANY OTHER USER OF SUCH PRODUCTS ARE SOLELY RESPONSIBLE FOR THE USE OF SUCH PRODUCTS AND THE CONSEQUENCES OF SUCH USE.
IF PREGNANT, NURSING OR DIAGNOSED WITH EPILEPSY, A HEART CONDITION, ALLERGIES OR OTHER MEDICAL CONDITION, SEEK THE ADVICE AND ASSISTANCE OF A PHYSICIAN OR TRAINED HEALTH PROFESSIONAL BEFORE USING ANY VAPORIZER OR SIMILAR PRODUCT OR ANY ESSENTIAL OIL OR AROMATHERAPY BLEND. IF YOU BELIEVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, PROMPTLY CONTACT YOUR DOCTOR OR HEALTH CARE PROVIDER.
Fees That You May Pay
Some aspects of the Site may require you to pay a fee or other charge, the details of which are available in various areas of the Site that feature the ability to purchase products, features or services. You agree to pay all fees, charges and applicable taxes incurred by you or anyone using Your Registration. We may revise the pricing for products, services or features offered through the Site at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or services provided by, us, Your Registration may be closed without warning or notice at our sole discretion.
EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN POLICY OR CANCELLATION POLICY APPLICABLE TO OUR FEE-BASED PRODUCTS, SERVICES OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR REGISTRATION, INCLUDING ANY UNAUTHORIZED CHARGES.
We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Site.
Limitation of Liability
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL THE POCKETOVENS.COM PARTIES OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE POCKETOVENS.COM PARTIES AND THEIR OFFICERS, DIRECTORS, MEMBERS AND EMPLOYEES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL THE POCKETOVENS.COM PARTIES OR THEIR OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE POCKETOVENS.COM PARTIES OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SITE DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
Modification, Suspension and Termination
We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Site.
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
Governing Law and Jurisdiction
These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Site and all matters relating to your access to, and/or use of, the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
Any rights not expressly granted in these Terms are reserved to us.