Welcome to Shtrands! Shtrands Co, LLC (“Shtrands”, “we” “us” or “Company”) is the operator of the www.shtrands.com website (the “Site”).
This page (together with the documents referred to on it) explains the terms by which you may use our Site and software provided on or in connection with the service (collectively the “Service”) in order to purchase any products from our Site or to subscribe to one of our Services.
If you do not agree to the Terms, you should not use or access this Site. Shtrands reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review the Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, revise the products and services available on the Site and to change, suspend or discontinue any aspect 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. Your continued use of the Site will constitute your acceptance of any such changes.
USE OF THE SITE
You may use the Site only for your own noncommercial personal use and in compliance with the Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. We require all Users to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity.
Posting any information which is untrue, inaccurate or not your own.
Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation.
Attempting to interfere in any way with the Site’s or Shtrands’ network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of Shtrands.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Terms. You are solely responsible for your interactions with other Shtrands Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Shtrands shall have no liability for your interactions with other Users, or for any User’s action or inaction.
ADDITIONAL TERMS AND CONDITIONS
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies and membership reward programs (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
Some areas of the Service allow Users to post content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). You retain ownership of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.
Shtrands reserves the right, but is not obligated, to reject and/or remove any User Content that Shtrands believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate or otherwise unsuited to your purpose, and you agree that Shtrands shall not be liable for any damages you allege to incur as a result of User Content.
USER CONTENT LICENCE GRANT
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Shtrands a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Shtrands’ business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms.
ENDUSER CONTENT LICENCE GRANT
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service.
6. OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Shtrands Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Shtrands and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Shtrands Content. Use of the Shtrands Content for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products. By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Shtrands under any fiduciary or other obligation, and that we are free to use the ideas without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Shtrands does not waive any rights to use similar or related ideas previously known to Shtrands, or developed by its employees, or obtained from sources other than you.
You may choose to subscribe to a subscription plan through the Service. The subscription plan to our Service consists of an initial charge followed by recurring periodic charges as agreed to by you. By entering into these Terms, you acknowledge that your subscription has an initial and recurring payment feature and that you accept responsibility for all recurring charges prior to cancellation.
We will submit periodic charges (e.g., by-monthly, quarterly, semi-annually, annually) without further authorization from you, until you opt out of auto-renewal on your account page by using the “Cancel Subscription” button.
The 2- or 3-month subscription can be canceled anytime during a 6-week (or 10-week for the 3-month plan) period after receiving the last payment. For example, if your last payment was on January 15, you have until March 1 to cancel your 2-month subscription.
The 6-month fixed term subscriptions cannot be cancelled while the term is still in progress. However, you can opt out of the upcoming renewal anytime during a 6-week period after receiving the last regime of the 6-month plan. Kindly note that a cancellation before expiration will not cancel or refund the remaining delivery orders, as it only stops the renewal at expiration.
Gift plans must be redeemed within one year of purchase. You will not be eligible for a refund if not redeemed within the expiration date. If Shtrands does not receive a profile from the gift recipient within one year from the gift purchase, we will not refund or deliver any Service to the person who bought the gift or to the person who was intended to be the recipient of the gift.
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
Product Information; Limitation on Quantities
Excluding any content that may be submitted by Users from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Users and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products and brands described on our Site and through our Service will be available.
Billing, Shipping and Payment Policies
We ship within an estimated 5 business days after payment is received, which is subject to change at any time, without notice and liability. Kindly note that sometimes there may be shipping delays and/or product back-orders due to a stall involving the vendor/brand fulfillment process. You will not be eligible for a refund due to any unforeseen delays.
Currently, we deliver to 48 states (excluding Hawaii, Alaska and Puerto Rico) within the USA. Address changes must be made by the first of the month in order to take effect for that month’s shipping. If the address is not updated in time, the carrier has the right to charge a forwarding fee. You can also modify your payment method via your account page.
Applicable taxes will charged to residents of Pennsylvania.
Certain aspects of the Service, for example subscription plans, may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms quoted on our Site and as we may update them from time to time. Shtrands may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Our system is only equipped to accept one payment method at a time. In the event that Shtrands suspends or terminates your account for your breach of these Terms, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
You understand and agree that you shall receive no refunds and no exchanges for any Service and products once we deliver these items to the carrier unless the products received by you are damaged. In a case of damaged or missing items, the subscriber must contact Shtrands within 60 days from the date the subscriber received the merchandise. Any complaints received after the 60 days will not be eligible for a refund or replacement.
All products purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Shtrands. The risk of loss for such products passes to you when Shtrands or our supplier delivers these items to the carrier. Title to products purchased on the Service passes to you when we receive full payment of all sums due for such products including any shipping and handling charges.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or debit card, used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Payments shall be processed through our site and shall be in the form you select when you either submit an order form or your register a paid Service. Shtrands reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or amounts due to any breach of these Terms by you, pending Shtrands’ reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Shtrands in writing within thirty (30) days of such payment. Failure to so notify Shtrands shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Shtrands. No other measurements or statistics of any kind shall be accepted by Shtrands or have any effect under these Terms. We may withhold any taxes or other amounts from payments due to you as required by law.
No Professional Advice
Any product or other information (for example, product ingredients, instruction for a particular product use) is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed in the applicable area (as a dermatologist).
Shtrands cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
THE SERVICE, PRODUCTS AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, PRODUCTS AND MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHTRANDS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SHTRANDS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
SHTRANDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SHTRANDS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SHTRANDS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shtrands without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
We respect artist and content owner rights and we expect our users to do the same. It is our policy to respond to claims of infringement in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, please complete the following DMCA Notice and deliver it to us at the contact information provided below.
You must provide the following information in writing in your DMCA Notice:
Identify the copyrighted work that you claim has been infringed
Identify the material that is claimed to be infringing and where it is located on the Service
Provide reasonably sufficient information to permit us to contact you, such as your address, telephone number, and, e-mail address
Provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law
Provide a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner and
Provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner
Deliver the DMCA Notice, with the above information completed, to:
1936 Fifth Ave.
Pittsburgh, PA 15219
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Effective Date: These Terms and Conditions are effective and were last updated on March 10, 2016.