1. INTRODUCTION
Welcome to the Who Am I Collection (“W.A.I.C.”) which is affiliated with Spoken Royalty and Fuzsions LLC. This Agreement applies to all of the Spoken Royalty website (https://www.spokenroyalty.com) where it that sells the Who Am Collection (“W.A.I.C. Site”). By using one of the W.A.I.C. Services, you accept this Agreement and certify that you are above the age of majority in your jurisdiction. Additional terms and conditions apply to some services offered on the W.A.I.C. Site and may be found at the place where the relevant service is offered.
We may change the terms of this Agreement from time to time. By continuing to use any of the W.A.I.C. Site after we post any such changes, you accept the Agreement, as modified.
2. USE OF THE W.A.I.C. SITE
You certify that the information you provide on the W.A.I.C. Site is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify W.A.I.C. immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the W.A.I.C. Site, or any portion of the W.A.I.C. Site, at any time without notice.
W.A.I.C. and its affiliates have no liability to you for content on the W.A.I.C. Site that you find offensive, indecent, or objectionable.
You are prohibited from:
Violating or attempting to violate the security of the W.A.I.C. Site;
Using any device, software, or routine to interfere or attempt to interfere with the proper working of the W.A.I.C. Site; or
Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by W.A.I.C. or other third party web browsers) to navigate or search the W.A.I.C. Site.
3. THIRD PARTY SITES
References on W.A.I.C. Site to any names, marks, products, or services of third parties, or links to third-party Sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. W.A.I.C. is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from a W.A.I.C. Site is at your own risk and will be governed by such third party’s terms and policies.
4. ORDER ACCEPTANCE AND BILLING
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).
W.A.I.C. reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. W.A.I.C. also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from W.A.I.C. for the purpose of engaging in a commercial sale of that same product(s) with a third party.
5. PRICING INFORMATION
W.A.I.C. cannot confirm the price of an item until after your order is placed. The final price of items will include all taxes, shipping and handling fees. Pricing errors may occur on the W.A.I.C. Site. W.A.I.C. reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from W.A.I.C.. W.A.I.C. may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
6. SHIPPING AND DELIVERY
Delivery of items purchased from the W.A.I.C. Site to addresses outside the United States is limited. Some items also have restricted delivery within the United States. Delivery times are determined based on the method of shipping chosen when items are purchased and the destination of the items.
7. Lost, Damaged, Stolen or Damaged Items
You agree that only you are responsible for the items that you have purchased which are lost, stolen or damaged. Furthermore, you agree that the risk of loss and title to such items are passed to you upon W.A.I.C.’s delivery to the carrier. You also agree that W.A.I.C.’s sole responsibilities are to package and ship the items in an appropriate manner.
8. Return and Refund Policy
No items may be returned or refunded.
9. Exchange Policy
All items to be exchanged must be exchanged within 20 calendar days from date of purchase. You are responsible for all shipping and handling fees. Items to be exchanged must be returned in the original manufacturer’s packaging and not be damaged in order to receive a credit towards the purchase of other items. Items purchased by or from dealers or resellers are not eligible for exchange.
10. Declined Payment Fee
You agree that you will be charged a $15 fee for any form of declined payments, including returned checks and denied credit cards.
11. Payment Options
W.A.I.C. accepts payment through PayPal and all major credit cards with the appropriate logo, such as Visa and Mastercard.
12. INFORMATION PROVIDED ON THE W.A.I.C. SITE
W.A.I.C. and its customers may post a variety of material on the W.A.I.C. Site including without limitation, merchandise information, product descriptions, reviews, and comments information (collectively, “Materials”). The Materials that appear on the W.A.I.C. Site are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the W.A.I.C. Site, you should confirm any facts that are important to your decision. W.A.I.C. and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the W.A.I.C. Site. W.A.I.C. is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others whose Site we link.
13. INTELLECTUAL PROPERTY
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the “IP”) are owned, controlled or licensed by W.A.I.C., one of its affiliates or by third parties who have licensed their materials to W.A.I.C. and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the W.A.I.C. Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the W.A.I.C. Site or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the W.A.I.C. Site or any related software. All software used on the W.A.I.C. Site is the property of W.A.I.C. or its suppliers and protected by U.S. and international copyright laws. The IP and software on the W.A.I.C. Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the W.A.I.C. Site is the exclusive property of W.A.I.C. and is also protected by U.S. and international copyright laws..
14. PRIVACY
You acknowledge that any personal information that you provide through the W.A.I.C. Site will be used by W.A.I.C. in accordance with Spoken Royalty’s Privacy Policy at https://www.spokenroyalty.com/privacy, the terms of which are incorporated here by this reference.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless W.A.I.C. and its affiliates from and against any and all claims, damages, costs, and expenses, including attorney fees, arising from or related to your use of the W.A.I.C. Site or any breach by you of this Agreement.
16. TERMINATION
This Agreement is effective unless and until terminated by either you or W.A.I.C.. You may terminate this Agreement at any time, provided that you discontinue any further use of the W.A.I.C. Site. W.A.I.C. also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the W.A.I.C. Site, if in W.A.I.C.’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or W.A.I.C., you must promptly destroy all materials downloaded or otherwise obtained from the W.A.I.C. Site, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: “Use of the W.A.I.C. Site,” “Order Acceptance and Billing,” “Pricing Information,” “Information Provided on the WAIC Site,”” “Intellectual Property,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” “General,” and “Dispute Resolution.”
17. DISCLAIMER
THIS SITE IS PROVIDED BY W.A.I.C. ON AN “AS IS” AND “AS AVAILABLE” BASIS. W.A.I.C. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE W.A.I.C. SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE W.A.I.C. SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, W.A.I.C. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, W.A.I.C. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE W.A.I.C. SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE W.A.I.C. SITE, THAT YOUR USE OF THE W.A.I.C. SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
18. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL W.A.I.C. OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WAIC SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF W.A.I.C. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL W.A.I.C. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE W.A.I.C. SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
19. GENERAL
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of W.A.I.C. to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit W.A.I.C.’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Michigan law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the W.A.I.C. Site must be brought in the state or federal courts of Michigan and you consent to the exclusive personal jurisdiction of such courts.
20. DISPUTE RESOLUTION
You agree to give up any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to Court, such as access to discovery, also may be unavailable or limited in arbitration.
Any dispute between you and W.A.I.C. and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “W.A.I.C.”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration in Michigan administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, W.A.I.C. will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse W.A.I.C. for all fees associated with the arbitration that W.A.I.C. paid on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. W.A.I.C. and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. You are not entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
21. PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the W.A.I.C. Site in a way that constitutes copyright infringement, please report possible copyright infringement.
