Certain areas of the Site may require registration. If you choose to register, you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you are responsible for keeping your password and other information relating to your account confidential, and you accept responsibility for all activities that occur under your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact Easy Spirit by emailing firstname.lastname@example.org or calling 1-888-327-9772 (9AM -10PM EST). You assume the risk for any loss that results from the unauthorized use of your password, with or without your knowledge, as a result of someone else using your account due to your failure to use reasonable care to safeguard your password.
By posting or uploading content you have created (including without limitation, reviews, links, text, documents, software, scripts, graphics, photographs, sounds, music, your social media handle, videos, suggestions and comments, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Site) (collectively, “User Submissions”) in connection with your use of the Site or through use of tools or applications we may provide for posting or sharing your User Submissions (including those that you have tagged with #EasySpirit, #MyEasySpirit, #TravelTime or other Easy Spirit brand hashtags), you grant to Easy Spirit and its third-party service providers who provide Easy Spirit with content management and website services (collectively, “the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right and license to use (and to authorize others to use) your Easy Spirit-tagged User Submissions and other User Submissions in any manner in Easy Spirit’s sole discretion (including, but not limited to, use on its webpages, social media site pages used by Easy Spirit, and in its other marketing, promotional and advertising activities), in any media now or hereafter known. Easy Spirit may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You hereby grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions as Easy Spirit determines in its sole discretion. You hereby represent and warrant that (i) you own all rights in and to your User Submissions, or the holder of any such rights has provided you with all necessary licenses, rights, consents and permissions to publish the User Submissions you submit and to grant the rights granted herein, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein, including the right to use and grant the Licensed Parties’ the right to use their name, image, voice and /or likeness without need for payment to you or any other person or person, (iii) you and all person(s) appearing in your User Submissions are not minors, (iv) the Licensed Parties’ use of your User Submissions as described herein will not violate the rights of any third party or any law, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, and (v) your User Submissions will not contain the personal information or likeness of another person, or material that is unrelated to the goods or services offered by or available at the Site, clearly false or misleading, libelous, harassing, abusive, obscene , vulgar, sexually explicit, inappropriate with respect to race, gender, sexuality, ethnicity or other intrinsic characteristic, or otherwise unlawful.
Your User Submissions are deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except under the Licensed Parties’ respective privacy policies
. Easy Spirit is and shall be under no obligation (1) to pay you any compensation for any User Submissions or (2) to use or respond to your User Submissions or to identify you in connection with any such use.
Easy Spirit may review, remove, reject or revise User Submissions at any time, without prior notice, and in our sole discretion. We may remove, reject or revise content that we believe violates these Terms, is otherwise objectionable, or for any other reason, without prior notice.
Some portions of the Site may direct you to a web site of a third party. Your dealings or communications through the Site with any party other than Easy Spirit are solely between you and that third party. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
To process and fill international orders, Easy Spirit has partnered with a third party, Borderfree, Inc. (formerly known as FiftyOne). When you indicate you are placing an order to ship to an international location outside the United States, you will be redirected to a checkout page hosted by Borderfree on which you will be required to submit your order and personal information.
Except for Content that is in the public domain, all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) Easy Spirit, its affiliates or suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided in these Terms. Except as otherwise expressly provided in these Terms, all rights in and to the Content are expressly reserved by Easy Spirit.
If you believe any of the Content on the Site infringes your copyright, you may request removal of such Content (or access thereto) from the Site pursuant to the Digital Millennium Copyright Act (“DCMA”) by contacting Easy Spirit as set forth below and providing the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to:
Easy Spirit LLC
777 West Putnam Ave
Attention: Legal – DMCA Notice
Price and availability information, product descriptions and promotions are subject to change without notice, and we reserve the right to change or update such information at any time. When you place an online order, you are deemed to make an offer to purchase goods from Easy Spirit for personal use and not for resale by you or any other person. Email or other online confirmation of receipt of your order by Easy Spirit is not an acceptance of your order. Your offer is not deemed accepted until Easy Spirit ships or fulfills the order. Easy Spirit reserves the right to reject and cancel you order prior to shipment for various reasons, including but not limited to website errors in pricing and/or other information about the merchandise, insufficient or incorrect credit or debit card information, insufficient or incorrect billing information, insufficient or incorrect shipping information, suspected fraudulent activity, previous fraudulent order history, or the order is deemed to possess characteristics of reselling.
If your credit card has already been charged for the purchase and your order is canceled, Easy Spirit will issue a credit to your credit card account in the amount of the charge.
Additionally, (a) we may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including the availability of any data or other information contained on the Site at any time for any reason and without notice or liability, and (b) we reserve the right, with or without notice to you, to change any of the services offered on the Site including, but not limited to, hours of operation, menu structures, access procedures, software commands, documentation, suppliers and/or other services.
The Site is provided on an basis. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). EASY SPIRIT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, BUG-FREE, VIRUS-FREE, FREE OF TROJAN HORSES OR OTHER MALEVOLENT CODE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, ERROR, BUGS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE AND OUR SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL OR OTHER ERRORS, INACCURACIES OR OMISSIONS. YOU ACKNOWLEDGE AND ASSUME THE RISKS INHERENT FROM USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
At present, the Site is hosted on servers located in the United States and is intended to be viewed primarily by residents of the United States. We reserve the right to host the Site on servers located in countries other than the United States. The use of this Site by residents of countries other than the United States shall be governed by and construed in accordance with the laws of the State of New York, USA, without giving effect to any principles of conflict of laws. Residents of countries other than the United States agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located New York, USA, and hereby consent and submit to the personal jurisdiction of such courts. This provision does not apply to residents of the United States.
These Terms including, without limitation, any other terms and conditions that may appear on the Site from time-to-time, contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. A printed version of these Terms and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Easy Spirit to insist upon or enforce strict performance by you of any provision of these Terms shall not be construed as a waiver of any provision or right.
We may provide notice to you relating to the Site and/or these Terms by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent.
This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.