Welcome to the Still the Sea, www.stillthesea.com (the “Site”) owned and operated by Still the Sea, LLC (“Still the Sea” or “we”). Except as otherwise noted herein, these terms and conditions (“the Terms”) govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Still the Sea reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. Still the Sea provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Materials and Content”), is Still the Sea property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from the Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Still the Sea. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. Still the Sea specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
Violations of system or network security may result in civil or criminal liability. Still the Sea will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.
Product and Pricing Information
Although Still the Sea has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user, and Still the Sea cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Still the Sea is not responsible for typographical errors regarding price or any other matter.
Details for any and all promotions available for use on the Site are explicitly stated in the email, advertisement or article to which they are associated, (such as eligibility requirements, dates of availability, contents of the promotion, etc). Details or clarification will be made available upon request.
The following applies to any and all promotions available for use on the Site:
(1) dates of availability are assumed to be from 12:00:01am on the start date through 11:59:59pm on the end date. All times are Eastern Time Zone, Daylight Savings in effect when applicable. (2) An eligible purchase must be completed on the Site during the dates of availability as specified. Purchases prior to or after the dates of availability are not be eligible. (3) Promotions may only be available while supplies last. A promotion may expire early due to limited quantities on gift with purchase items. (4) All requirements of the promotion as specified must be met in order to successfully redeem a promotion. This may include, but is not limited to; purchasing a specific product, making a purchase for a specific dollar amount, being signed in as a registered member, having specific information in your membership account. (5) Any given promotion may not be compatible with other available promotions on the same order. (6) Promotional offer has no cash value and cannot be resold or transferred. (7) Still the Sea reserves the right to cancel, suspend or modify part or all of any promotional offer at any time without notice, for any reason in its sole discretion. (8) Returns must include any promotional gift(s) to qualify for full refund. Partial returns must include any promotional gift(s) to quality for a partial refund if the unreturned portion of the order fails to meet the original requirements to qualify for the promotional gift. Promotional gifts may not be exchanged.
As between you and Still the Sea, (or any other company whose marks appear on the Site), Still the Sea (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Still the Sea logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Still the Sea Intellectual Property”) are owned by Still the Sea and may be registered in the United States and internationally. You agree not to display or use the Still the Sea Intellectual Property in any manner without Still the Sea’s prior permission. Nothing on the Site should be construed to grant any license or right to use any Still the Se Intellectual Property without the prior written consent of Still the Sea.
Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Still the Sea. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
In the course of your use of the Site, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
If you respond to Still the Sea with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of Still the Sea, and your submission of information shall constitute an irrevocable assignment to Still the Sea of all worldwide rights, titles and interests in and to such information. Still the Sea will not be liable for any use or disclosure of such information. Still the Sea will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Still the Sea will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
Third Party Links
We are not responsible for the content of any off-web site pages or any other web sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-web site pages or other web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-web site pages or any other web sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and web sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-web site pages and other web sites that you visit.
Disclaimers and Limitation of Liability
Still the Sea publishes information on its Site as a convenience to its visitors. While Still the Sea attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Still the Sea products described in the Site may not be available in your region. Still the Sea does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” STILL THE SEA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STILL THE SEA DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. STILL THE SEA MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Still the Sea makes no warranties of any kind regarding any non-Still the Sea sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Still the Sea makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Still the Sea sites. Still the Sea does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL STILL THE SEA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF STILL THE SEA OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Still the Sea, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
You may terminate this agreement by providing written notice to us. Upon such termination, you shall cease all use of the Site and we shall be permitted to delete your account and any and all information associated therewith.
These Terms constitute the entire agreement between you and Still the Sea and govern your use of the Site, and they supersede any prior agreements between you and Still the Sea. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Still the Sea may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Still the Sea’s sole discretion you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between Still the Sea and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to Still the Sea or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of Still the Sea to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Delaware, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of Delaware.
You may not assign the Terms or any of your rights or obligations under the Terms without Still the Sea’s express written consent. The Terms inure to the benefit of Still the Sea’s successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please send an email to firstname.lastname@example.org.
Last Updated June 15, 2011