Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to form a binding contract with Aplomb, LLC., and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for other users of the Service to modify your Content, and for Aplomb, LLC. to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Aplomb, LLC. or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Additionally, by uploading content to the site, you warrant, represent and agree that you have the right to grant Aplomb, LLC. the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people’s private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Aplomb, LLC. reserves the right in its discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Aplomb, LLC D.B.A Aplomb & The Creative Conspiracy at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Subject to these Terms, Aplomb, LLC. gives you a worldwide, royalty-free, non-assignable and non-exclusive license to re-post any of the Content on TheCreativeConspiracy.com anywhere on the rest of the web provided that the Content was added to the Service after June 25th, 2013, and provided that you: (a) do not modify the Content; (b) attribute “The Creative Conspiracy” or “Aplomb & The Creative Conspiracy”; (c) upon request, either by Aplomb, LLC. or a user, remove the user’s name from Content which the user has subsequently made anonymous; (d) upon request, either by Aplomb, LLC. or by a user who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version on TheCreativeConspiracy.com; and (e) upon request, either by Aplomb, LLC. or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted or marked as not for reproduction on Aplomb, LLC..com.
You may only use the attribution required by this Section in the manner set out above. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by Aplomb, LLC., or any Aplomb, LLC or TheCreativeConspiracy.com user of you or your use of the work, without the separate, express prior written permission of Aplomb, LLC. or TheCreativeConspiracy.com user.
If you operate a search engine or robot, or you republish a significant fraction of all Aplomb, LLC. Content (as we may determine in our reasonable discretion), you must additionally follow these rules:
a. Reference “Aplomb & The Creative Conspiracy” as the owners of the content.
b. You must make it clear how to contact you, either in your user agent string, or on your website if you have one.
Subject to these Terms, Aplomb, LLC. gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Service as it is provided to you by Aplomb, LLC..
Your Content will be viewable by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Aplomb, LLC. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. Aplomb, LLC. will not be responsible or liable for any use of your Content by Aplomb, LLC. in accordance with these Terms.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Aplomb, LLC., its users and the public.
a. The materials on Aplomb, LLC D.B.A Aplomb & The Creative Conspiracy’s web site are provided “as is”. Aplomb, LLC D.B.A Aplomb & The Creative Conspiracy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Aplomb, LLC D.B.A Aplomb & The Creative Conspiracy does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Aplomb, LLC D.B.A Aplomb & The Creative Conspiracy or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Aplomb, LLC D.B.A Aplomb & The Creative Conspiracy’s Internet site, even if Aplomb, LLC D.B.A Aplomb & The Creative Conspiracy or a Aplomb, LLC D.B.A Aplomb & The Creative Conspiracy authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) upload or post any Content (as defined above) in violation of the provisions contained in the “Your License to Aplomb, LLC.” section of these terms; (iii) use the Service for the purpose of spamming anyone; (iv) access or tamper with non-public areas of the Service, Aplomb, LLC.’s computer systems, or the technical delivery systems of Aplomb, LLC.’s providers; (v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (vi) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Aplomb, LLC. (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Aplomb, LLC. (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of Aplomb, LLC. except as permitted by these Terms is expressly prohibited); (vii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (viii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
6. Revisions and Errata
The materials appearing on Aplomb, LLC D.B.A Aplomb & The Creative Conspiracy’s web site could include technical, typographical, or photographic errors. Aplomb, LLC D.B.A Aplomb & The Creative Conspiracy does not warrant that any of the materials on its web site are accurate, complete, or current. Aplomb, LLC D.B.A Aplomb & The Creative Conspiracy may make changes to the materials contained on its web site at any time without notice. Aplomb, LLC D.B.A Aplomb & The Creative Conspiracy does not, however, make any commitment to update the materials.
Aplomb, LLC D.B.A Aplomb & The Creative Conspiracy has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Aplomb, LLC D.B.A Aplomb & The Creative Conspiracy of the site. Use of any such linked web site is at the user’s own risk.
8. Points ($hare Account)
You agree that you have no right or title in or to any Aplomb, LLC. points you may receive or use in connection with the Service or any other attributes associated with your Account, regardless of how they were obtained. Instead, you receive only a limited right to use those points in connection with certain features on AplombClothing.com such as the “Shop” function of AplombClothing.com only.
Aplomb, LLC. prohibits and does not recognize any purported transfers of Aplomb, LLC. points outside of the Service, or the purported sale, gift or trade of Aplomb, LLC. points in the “real world,” unless Aplomb, LLC. expressly authorizes such transfers in writing. Any such transfer or attempted transfer is prohibited and void, and Aplomb, LLC. may cancel any points transferred, assigned, or sold in violation of these terms or points policies and rules.
Aplomb, LLC. may change the rules for transferring, receiving, or redeeming points at any time for any reason. Aplomb, LLC. also reserves the right to stop offering and/or supporting Aplomb, LLC. points at any time. Aplomb, LLC. may expire, cancel, modify, or delete your Aplomb, LLC. points at any time for any reason, including for violations of these terms and conditions, or for no reason without notice to you. Aplomb, LLC. may cancel any transaction if we believe that the transaction violates any of Aplomb, LLC.’s terms or policies, or for no reason at all.
10. Governing Law
Any claim relating to Aplomb, LLC D.B.A Aplomb & The Creative Conspiracy’s web site shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.