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Terms of use

These terms of use (the "Terms") set forth the terms and conditions under which individuals may use any site or online service owned or controlled by Cyrill, a subsidiary operation of Spigen, Inc. (“Cyrill,” “we,” “us,” or “our”) and which links to these Terms (as defined below) together with any successor sites or online services, accessible in connection with such site or online service are governed by the terms of use set forth herein (collectively the “Terms”). 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING ANY PART OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE (AS AMENDED FROM TIME TO TIME), WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE ANY PART OF THE SITE.

The Site is a general purpose site or online service and is not targeted towards children under the age of thirteen (13). By accessing or using the Site, including by registering an account on the Site, you represent and warrant that you are eighteen (18) years of age or older. If you are under the age of eighteen (18), you may use the Site only with the involvement of a parent or guardian.

The "Site" means any Cyrill branded website, web page, associates or affiliate portals, mobile application and mobile website in operation in the United States, and the "Products" shall mean any of the various Products that Cyrill provides through the Site or any other channels, including over the telephone.

Acceptance of Terms

By accessing or using this Site you agree to be legally bound by the Terms and all terms and conditions contained or referenced herein, any terms and conditions contained or referenced in any associates or affiliate portals, or any additional terms and conditions set forth on this Site. If you do NOT agree to all of these terms, you should NOT access or use this Site.

Modification of Terms

These Terms may be amended by Cyrill at any time. Such amended Terms shall be effective upon posting. By continuing to access or use the Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Cyrill reserves the right to discontinue or make changes or updates with respect to the Site or the contents of the Site at any time without notice. Cyrill reserves the right to restrict, refuse or terminate access of any person to the Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

Eligibility

The Site is neither intended for nor designed to be used for submission of personally identifiable information by anyone who is less than 18 years of age. We do not collect personally identifiable information from anyone we actually know is a minor under the age of 13. If the Site becomes aware that any minor is submitting or has submitted personal information to the Site without parental consent, we will close the account and delete any personal information within our control as soon as possible.

In addition, for purposes of the Children’s Online Privacy Protection Act (“COPPA”), the Site reiterates the following statements: the Site is not directed to or intended for persons under the age of 13. If the Site becomes aware that any person submitting personal information to the Site is under the age of 13, we will close the account and delete any personal information within our control as soon as possible.

Privacy Policy / Personal Information Submitted Through or in Connection with the Site

Your submission of personal information through the Sites is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Sites (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Disclaimers

The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is" and "as available." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYRILL  DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CYRILL ; (3) WARRANT THAT YOUR USE OF THE SITE WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CYRILL  EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

IN ADDITION AND WITHOUT LIMITING THE FOREGOING, CYRILL  MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF OUR SITE TO PROVIDE THE PRODUCTS.

You assume all risk when using the Site, including but not limited to all of the risks associated with any online transactions. Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material, including computer viruses.

Customer Registration

Accessing certain areas of the Site and using certain functions or features of the Site may require you to register as a Customer. Please see Cyrill’s Privacy Policy. In addition, any purchases of the Products made will be subject to Cyrill’s Terms of Sale. Cyrill reserves the right to cancel or refuse to fulfill any orders at any time.

Termination of User

Cyrill reserves the right in its sole discretion to terminate your access to all or part of the Site, to close your account and/or remove your profile and/or any content posted by or about you or on your behalf (together, “User Content”) from the Site, and/or to terminate your registration, for any reason or no reason, with or without notice. If we terminate your registration, Cyrill has no obligation to notify you of the reason, if any, for your termination.

Limitation of Liability

IN NO EVENT SHALL CYRILL  OR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE SITE, THE CONTENT OR THE USER CONTENT, EVEN IF CYRILL  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES WILL CYRILL’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMSOR THE USE OF THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID CYRILL  FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.

Third Party Content

Cyrill is in no way responsible for the content of any site owned by a third party that may be linked to the Site via hyperlink, whether or not such hyperlink is provided by the Site or by a third party in accordance with the Terms. Any link on our Site to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Site may link, and we take no responsibility therefor.

Affiliate/Associates Program

Any person or entity that participates or attempts to participate in our associate or affiliate marketing program must review and accept the terms and conditions of Cyrill’s Associates Program Terms and Conditions which can be found on Cyrill’s webpage and are incorporated herein by reference. 

Copyright and Trademarks

Copyright, trademarks, and all other proprietary rights provided by Cyrill, its affiliates, subsidiaries, brand licensees and/or other partners, the software to operate and publish the Site, the compilation of data on the Site, and the order, sequence and arrangement of this Site, all belong to Cyrill and/or its brand licensees, other partners or licensors. All rights in the content not expressly granted herein are reserved. The content is protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws and may not be reproduced, republished, transmitted, distributed, or used on any other website.

The use and registration of the Cyrill name and its brand names are exclusively reserved to Cyrill. You may not register, nor use a Cyrill name or brand name, statutory name, trade name, domain name or other name, indication or description, that includes the Cyrill name or any other registered trademark owned by Cyrill.

Copyright Infringement Claims

If you know or suspect that any of the materials on this Site (including but not limited to materials posted on the Forum) have been used or copied in a way that constitutes copyright infringement, please send us a notice immediately at . It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, §512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We shall in appropriate circumstances disable and/or terminate the accounts or passwords of users who may infringe or repeatedly infringe our or others' copyrights or other intellectual property rights.

Notifications (each a "Notification") of claimed copyright infringement should be sent by either express mail or U.S. mail to our designated agent. Our designated agent contact information is set forth below:

Address of Designated Agent to Which Notification Should be Sent: support@spigen.com

Pursuant to Title 17, United States Code, §512(c)(3), to be effective, the Notification must include the following:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
  5. a statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  7. Upon receipt of the written Notification containing the information as outlined in a through f above, and pursuant to Title 17, United States Code, Section 512; (i) we will remove or disable access to the material that is alleged to be infringing;(ii)we will forward the written Notification to the alleged infringer ("Subscriber"); and (iii)we will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material.
Counter Notification:

Pursuant to Title 17, United States Code, §512(g)(3), a Subscriber may counter a Notification by providing a written communication ("Counter Notification") to our designated agent that includes substantially the following:

  1. a physical or electronic signature of the Subscriber;
  2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. a statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. the Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which our offices may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, §512:

  1. we will promptly provide the Complaining Party with a copy of the Counter Notification;
  2. we will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
  3. we will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on our network or system.
California Civil Code §1789.3 Compliance

Californians have rights to the following information pursuant to California Civil Code §1789.3 and California Business and Professions Code §17538: The mailing address for the Site is available in the “Contact Us” section of the Privacy Policy. Currently, there are no fees or charges associated with using the Site other than changes for purchases of Cyrill products.

Indemnification and Release

You agree to indemnify and hold harmless Cyrill, its affiliates, subsidiaries, brand licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the Site or any violation of these Terms by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, Cyrill reserves the right to reveal your identity and any other information Cyrill may have about you.

Shut-Down of Site

We have the sole right to shut down the Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any content and/or User content submitted to the Site.

Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California. You agree to the exclusive jurisdiction of the courts in Orange County, California, USA for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms or your use of this Site, including any disputes relating to the existence or validity of these Terms. You hereby waive any claim that Orange County, California, is an improper or inconvenient forum under the doctrine of forum non conveniens or otherwise.

Your Content Submission for Custom Orders

Cyrill has every right to reject any requests for customized orders if the content contains any threatening, obscene, pornographic, or profane material.

Severability

If any provision of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

No Waiver

No failure on the part of Cyrill to enforce any part of these Terms shall constitute a waiver of any of Cyrill's rights under these Terms, whether for past or future actions on the part of any person. Neither the receipt of any funds by Cyrill nor the reliance of any person on Cyrill's actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of Cyrill shall have any legal effect whatsoever.

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