Effective Date: May 31, 2019
SOMETHING NAVY SERVICES
The Site contains strictly opinion-based information. The content of the Site is fact-checked to the best of Something Navy’s abilities but may contain errors of typing, spelling, intent, rumor, or presumption. Additionally, Something Navy sometimes works with third party advertisers to provide advertisements featuring apparel, jewelry and other products on the Site. In return, Something Navy is paid for posting these advertisements on the Site.
SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS
The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the “Contents”) by Something Navy or are the property of their respective owners.
The term SOMETHING NAVY and the S/N logo are trademarks of Something Navy, LLC. The Contents on the Site are provided to you AS IS for your information and personal use only. No Contents from the Site may be copied, reproduced, downloaded, displayed, performed, modified, republished, uploaded, transmitted, mirrored in any manner, or distributed except as explicitly stated herein. Modification or use of the Contents for any other purpose is a violation of the respective owner’s copyright and other proprietary rights, and is strictly prohibited.
You are authorized to use the Site and Services solely for your own use, and you agree not to act on behalf of a third-party or to allow a third-party to have access to your username or password in order to use the Site or Services. You are solely responsible for any and all activity that occurs on your account and you must keep your password secure. Furthermore, you shall not:
a) modify, translate or reverse engineer any portion of the Site or Services b) launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Something Navy servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Something Navy grants the operators of public search engines permission to use spiders to copy Contents from the Site for the sole purpose of creating publicly available searchable indices of the Contents, but not caches or archives of such Contents and provided that such spiders do not affect operation of the Site. Something Navy reserves the right to revoke these exceptions either generally or in specific cases;
c) collect or harvest any personally identifiable information, including e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes;
d) solicit, for commercial purposes, any users of the Site with respect to their User Transmissions (as defined below);
e) create or transmit unwanted electronic communications such as “spam” to other users or members of the Site or otherwise interfere with other user’s or member’s enjoyment of the Site and/or Services;
f) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
g) use the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; or
h) use any device, software or routine that interferes with the proper working of the Site and/or Services.
DISCLAIMER OF WARRANTY
SOMETHING NAVY IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH SOMETHING NAVY BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE AND CURRENT, SOMETHING NAVY DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED. Price and availability information on third party websites is subject to change without notice and under no control by Something Navy.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL SOMETHING NAVY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (COLLECTIVELY, “DAMAGES”), INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SOMETHING NAVY’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
In an effort to provide our customers with the most current information, Something Navy will, from time to time, make changes in the Contents and in the Services described on this Site.
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Something Navy (“Transmissions”) shall be and remain Something Navy’s property. By submitting any Transmissions to Something Navy, you represent and warrant that:
1. you are the sole author and owner of the Transmission and any intellectual property rights thereto;
2. all “moral rights” that you may have in such Transmission have been voluntarily waived by you;
3. all Transmissions that you post are accurate;
4. you are at least 13 years old; and
You further agree and warrant that you shall not submit any Transmission:
1. that is known by you to be false, inaccurate or misleading;
2. that infringes any third party’s intellectual property rights or rights of publicity or privacy;
3. that violates any law, statute, ordinance or regulation;
4. that is, or may reasonably be considered to be, defamatory, obscene, libelous, hateful, racially, ethnically or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
5. for which you were compensated or granted any consideration by any third party;
6. that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
7. that contains any computer viruses, worms or other potentially damaging computer programs or files.
For any Transmission, you grant Something Navy a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email address or user name to Something Navy or its third party service providers in connection with your Transmission, you agree that Something Navy and its third party service providers may use your email address to contact you about the status of your Transmission and other administrative purposes.
NOTICE AND TAKE DOWN PROCEDURES
Something Navy does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Something Navy will remove any material or Transmissions if properly notified that such material or Transmissions infringes on another’s intellectual property rights. If you believe any materials (“Materials”) on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Something Navy’s designated agent (address below) and provide the following information:
1. A clear statement identifying the works, or other Materials believed to be infringed.
2. A statement from the intellectual property owner (“Owner”) or authorized representative that the Materials are believed to be infringing and not authorized by the Owner.
3. Sufficient information about the location of the allegedly infringing Materials so that Something Navy can find and verify its existence.
4. Your name, telephone number and e-mail address.
5. A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner’s behalf.
6. A signature or the electronic equivalent from the Owner or authorized representative.
Something Navy’s agent for notice of copyright or trademark issues on the Site can be reached as follows:
Something Navy, LLC
Attn: Tara Foley
27 West 24th Street
Suite 510 New York, NY 10010
Something Navy shall 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, or marketing products incorporating such information. You further agree that Something Navy may use information about your demographics and use of this Site in any manner that does not reveal your identity.
In using this Site you agree to the following:
(a) you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of this Site;
(b) you will not to violate or attempt to violate the security of this Site, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; or (iii) attempt to transmit any “virus”, “Trojan horse” or other software destruction or disruption device; and
(c) you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of this Site.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to Team@Somethingnavy.com. You may also contact us by writing to Something Navy, LLC, Attn: Tara Foley, 27 West 24th Street, Suite 510, New York, NY 10010or by calling (212) 206-3721. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.