AVEY ENTERPRISES’S TERMS AND CONDITIONS OF USE

These online Terms and Conditions of Use were last updated on May 17, 2019.

1. Acceptance of Terms and Conditions of Use and Other Terms

These Terms and Conditions of Use apply to Avey Enterprises’s websites, including www.Driftlands.com,  and to other websites we designate from time to time (each a “Website,” and collectively, “the Websites”). Our Privacy Policy has other terms, legal notices and conditions applicable to various activities on the Websites, including terms and conditions that may apply to the purchase of goods or services and to specific portions or features of a Website (e.g., contests, promotions or other similar features), all of the foregoing of which are incorporated herein by reference, and shall, together with the Terms and Conditions of Use be a contractual agreement (“the Terms of Use”) between Avey Enterprises and you.

You must accept the Terms of Use before using any of the Websites. You can accept the Terms of Use (1) by clicking to “accept” or “agree” to the Terms of Use, where this option is presented or made available to you on any of the Websites, and (2) by actually using any of the Websites.

BY USING ANY OF THE WEBSITES, YOU AGREE TO THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE ANY OF THE WEBSITES. EXCEPT AS OTHERWISE PROVIDED, THE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE WEBSITES AFTER ANY CHANGE(S) HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGE(S).

2. Privacy Policy

Avey Enterprises’s Privacy Policy applies to the use of all of the Websites. To view Avey Enterprises’s Privacy Policy, click here. Additionally, by using any of the Websites, you acknowledge, agree and understand that any message or information you send to any of the Websites may be read or intercepted by others, even if there is a notice that a particular transmission (for example, credit card information) is encrypted. Nonetheless, we employ Secure Socket Layer (SSL) encryption technology and other reasonable measures to protection your information from unauthorized use or disclosure.

3. Ownership of Websites, Content and Trademarks

The Websites are owned by Avey Enterprises and unless otherwise agreed in writing, all materials on the Websites, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property rights in such materials (collectively, the “Content”), are owned and/or licensed by Avey Enterprises.

You may use the Websites and download or copy the Content and other downloadable materials displayed on the Websites for personal use only. You receive no right, title or interest in any downloaded or copied Content as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, distribute, display, modify, create derivative works from, sell or otherwise use any of the Content or the Websites for any public or commercial purpose.

Certain trademarks, trade names and logos used or displayed on the Websites are registered and unregistered trademarks, trade names and intellectual property of Avey Enterprises and its affiliates. Other trademarks, trade names and logos used or displayed on the Websites are the registered and unregistered trademarks, trade names and intellectual property of third parties. Nothing contained on any of the Websites grants any license or right to you to use any such trademarks, trade names, logos or intellectual property displayed on such Website.

4. Your Use of the Websites

You may use the Websites only as permitted by the Terms of Use , only in a manner consistent with all applicable federal and state laws, rules and regulations and only for the purposes of viewing or downloading information about Avey Enterprises, its affiliates and brands or to use any other features and services purposely provided by us on those Websites.

You agree not to use any “deep-link”, “robot”, or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of any of the Websites or Content, or in any way reproduce or circumvent the navigational structure or presentation of any of the Websites or Content, or attempt to obtain any materials or information through any means not purposely made available through the Websites. We reserve the right to prevent any such activity.

You agree not to gain or attempt to gain unauthorized access to any portion or feature of any of the Websites, or any other system or network connected to the Websites or to any of our business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data.

You agree not to probe, scan or test the vulnerability of any of the Websites or any network connected to the Websites, nor breach the security or authentication measures on any of the Websites or any network connected to any of the Websites. You agree not to not reverse look-up, trace or seek to trace any information on any other visitor to any of the Websites, or any other customer of Avey Enterprises including any shopping account that is not held by you, in any way for the purpose of discovering materials or information, including but not limited to Personally Identifiable Information (PII) or other information that reasonably could be used to connect non-PII to PII.

You agree not to take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Websites or our systems or networks, or any systems or networks connected to the Websites or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack. You agree not to use any device, technology or method to interfere or attempt to interfere with the proper functioning or feature of any of the Websites or any transaction occurring on a Website, or with any other person’s use of any Website.

You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through any Website. You agree not to impersonate or pretend that you are any other person or falsely claim you represent another person.

5. User Communications and User Content

While we appreciate your suggestions and comments on how to improve our website, products and services, it is Avey Enterprises’s policy to not accept any creative ideas, suggestions, proposals, plans or materials other than those specifically requested by us (e.g., through a contest or promotional event). Our intent is to avoid any misunderstanding in the event that a creative endeavor we commence bears some resemblance to a creative suggestion made by a customer or visitor to the Websites. We have many projects under development at any given time and it is possible that unsolicited ideas or proposals could be submitted to us which are already under consideration or may already be in the planning stages. Our employees are not authorized to accept or consider unsolicited ideas, suggestions or proposals including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. In the event Driftlands does receive unsolicited ideas, proposals, or suggestions, regardless of statements which may be made in the submission received, the following terms shall apply.

Except for Personally Identifiable Information (PII) collected on or from the Websites, which is subject to Avey Enterprises’s Privacy Policy (see Section 2 above), any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to any Website (a “User Communication”) is and will be considered non-confidential and non-proprietary and you agree that we may use any User Communication for any purpose in our sole discretion in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that Avey Enterprises shall be under no obligation (1) to pay compensation for any User Communication; or (2) to monitor, use, return, review or respond to any User Communication. You agree that Avey Enterprises will have no liability related to the content of any User Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

You represent and warrant that any content you submit in any User Communication is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. You represent and warrant that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective states of residence, subject to the next paragraph; and you grant to Avey Enterprises, on behalf of yourself and such individuals, the right to copy, edit, change, publish and distribute the likenesses of those individuals and that you have the authority to attest to this release on the behalf of such individuals. If any of the individuals depicted in any User Communication are minors in their respective states of residence, you represent and warrant that you are the parent or legal custodian of each such individual and you grant the use of the media containing his/her depiction in accordance with the Terms of Use.

In addition to the User-Generated Content Rules set forth in Section 6 below, you may not post or transmit on any of the Websites any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise post or transmit on any of the Websites any material that violates any law.

6. User-Generated Content Rules

If you become aware of any violation of the User Generated Content Rules or other unacceptable behavior by any user, you should report such activity to Avey Enterprises by emailing hello@driftlands.com

You are solely responsible for each User Communication that you post on any Website or transmit to other users and agree that you will not hold Avey Enterprises responsible or liable for any User Communication from another user that you access on any Website. We retain the right to remove any User Communication for any reason, including any material we deem inappropriate or unacceptable, including without limitation any of the categories of prohibited User Communications set forth below and in Section 7.

The categories of prohibited User Communications set forth below are not intended to be an exclusive list of what constitutes prohibited User Communications. Without limitation, you agree that you will not post or transmit to other users anything that:

  • • is defamatory, abusive, obscene, profane or offensive;
  • • infringes or promotes the infringement of another party’s intellectual property rights (such as music, videos, photos or other materials), including any party’s right of publicity or right of privacy;
  • • violates any law, statute, ordinance or regulation (including consumer protection, unfair competition, anti-discrimination or false advertising laws and regulations);
  • • is threatening, harassing or that promotes racism, bigotry or hatred of any kind against any group or individual;
  • • encourages violence against a person or destruction of property;
  • • is inaccurate, false or misleading in any way;
  • • promotes any illegal activities or provides information to circumvent security measures;
  • • contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other form of solicitation; or
  • • contains software viruses or any other computer code, files or programs designed to interrupt, interfere with or limit the functionality of any computer software or hardware or telecommunications equipment.

You understand that when using any of the Websites you may be exposed to User Communications from a variety of sources and you agree that Avey Enterprises is not responsible for the accuracy, safety or intellectual property rights of or relating to such User Communications.

7. Copyright and Trademark Rules (DMCA)

Avey Enterprises requires all users of the Websites to comply with copyright and related laws, including the Digital Millennium Copyright Act (DMCA). You may not store on or disseminate over any Website any material or content in any manner that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to third parties without their prior written consent. Access to the Websites of any user who infringes the copyright rights of others is subject to termination upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

If you believe that your work has been copied and posted on any of the Websites in a way that constitutes copyright infringement, please provide us with the following information at the email address or mailing address indicated below:

  • • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • • identification of the material that is claimed to be infringing and a description of where the material that you claim is infringing is located on the Website;
  • • your address, telephone number, and, if possible, email address;
  • • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • • a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

The foregoing information (“DMCA Notice”) should be sent to us as follows:

Avey Enterprises
Attn: General Counsel

Email: hello@driftlands.com

If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice (“DMCA Counter-Notice”) to us (contact information above) containing the following information:

  • • Your physical or electronic signature;
  • • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the state and federal courts in Fort Worth, TX, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a DMCA Counter-Notice is received by us, we may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in ten (10) to fourteen (14) business days. Unless the alleged copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the DMCA Counter-Notice, at our sole discretion.

8. Accounts, Passwords and Security

Certain features or services offered on or through the Websites may require you to open an account (including setting up an Account ID and password) and to share Personally Identifiable Information (PII). Apart from the representations made in our Privacy Policy (see Section 2, above) regarding our protection of your information, you are solely and entirely responsible for maintaining the confidentiality of your account information, including your Account ID and password, and for any and all activity that occurs on or under your account.

You agree to notify Avey Enterprises immediately of any actual or potential unauthorized use of your account or password, or any other actual or potential breach of security. However, you may be held liable for losses incurred by Avey Enterprises or any other user of or visitor to any of the Websites due to someone else using your Account ID, password or account.

You may not use anyone else’s Account ID, password or account at any time without the express permission and consent of the holder of that Account ID, password or account. Avey Enterprises cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

9. Products and Sales

Product Descriptions

In describing and portraying our products on the Websites, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other Content of any Website is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Websites. We cannot guarantee that your computer monitor’s display of any color will be accurate, complete, reliable or error-free.

Shipping

When you place an order on our e-commerce Website at www.Driftlands.com we will ship your order to the address designated by you as long as that shipping address is within the United States and compliant with the shipping restrictions set out on the www.Driftlands.com Website. We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right to limit the order quantity on any product or service and/or to refuse service to any customer.

Transfer of Title and Risk of Loss

You agree that the transfer of title and the risk of loss for all items purchased on our e-commerce Website at www.Driftlands.com passes to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

10. Links to the Websites; Third Party Links on the Websites

You may not create or maintain any link from another website to any page on any of the Websites without our prior written permission. Running or displaying any of the Websites or any information or material displayed on any Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to any of the Websites must comply will all applicable federal and state laws, statutes, rules and regulations.

From time to time, one or more of our Websites may contain links to other websites that are not owned, operated or controlled by Avey Enterprises or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Websites and we cannot be responsible for any content, information or that are present on or disclosure of PII that occurs on websites that are not owned, operated or controlled by Avey Enterprises or our affiliates.

11. Change in Websites and Contents

We reserve the right, at any time in our sole discretion to modify, suspend or discontinue any of the Websites or any service, content, feature or product offered through any Website, with or without notice. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to any of the Websites.

12. Disclaimers; Limitations on Liability; Indemnity

YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Avey Enterprises does not assume any responsibility for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing any of the Websites, or your downloading of any information or materials from any of the Websites.

IN NO EVENT WILL AVEY ENTERPRISES OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Website during the prior twelve (12) months or (ii) ten dollars ($10).

You agree to defend, indemnify and hold harmless Avey Enterprises, its officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach by you of any of the Terms of Use, (ii) your User Communications, (iii) your use of materials or features available on the Websites (except to the extent a claim is based upon infringement of a third party right by materials created by Avey Enterprises) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

13. Governing Law; Severability; Waiver; Dispute Resolution

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws, statutes, rules and regulations (including minimum age requirements) related to the use of the Websites. Any dispute arising out of, or relating to, the use of any of the Websites will be governed by and construed in accordance with the laws of the State of Texas without regard to any principles of conflicts of law.

If any part of the Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the Terms of Use.

Any failure by us to partially or fully exercise any rights or the waiver of any breach of the Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of the Terms of Use. Our rights and remedies under the Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Any claim arising out of, or relating to, the Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Avey Enterprises and you arising out of or in connection with your use of the Websites, including products sold through the Websites, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then such dispute shall be adjudicated only in any state or federal court in Tarrant County, Texas, and you