The following terms and conditions are effective as of May 5, 2016 and constitute the binding legal agreement (the "Agreement") between Ties.com ("Wild Attire, Inc."), and you ("You" or "Your"), the participant in the Ties.com Refer a Friend Program (the "Referral Program"). Ties.com reserve the right to make changes to the terms and conditions of this Agreement at any time. Your continued participation in the Referral Program after any such modification and notification thereof shall constitute your consent to such modification. Participation in the Referral Program is subject to the terms of this Agreement.
1. PARTICIPATION IN THE REFERRAL PROGRAM
As a participant in the Referral Program, you agree to promote the Referral Program in the manner specified by these terms, thereby acting as the Referrer ("Referrer"). If you do not agree to the terms and conditions contained within this Agreement in their entirety, you are not authorized to register as a Referrer or to participate in the Referral Program in any manner. You agree that Ties.com may share your personal information with one another, as necessary to conduct the Referral Program, and may send you communications regarding the Referral Program.
2. PAYMENT AND QUALIFICATION FOR VALID REFERRALS
Both Referrer and the individual who was referred ("Referee") shall receive one $10 reward ("Reward") for each Referee to Ties.com who meets all the following conditions ("Valid Referral"):
Subsequent registrations and/or orders with the Ties.com website by the Referee do not qualify as Valid Referrals. Subsequent orders by the Referee after his or her first successful Ties.com purchase do not qualify as Valid Referrals. Ties.com reserve the right to void any referral that appears to be fraudulent or appears to have been created as a result of a fraudulent Ties.com transaction.
3. EXPIRATION AND DELIVERY OF REWARDS
Coupon code expires within 30 days starting the day of the referrer's email invite. Referrer credit expires in 90 days after qualifying purchase. The Referral Program cannot be used for business gifting purposes or lead generation, or for any other commercial purpose, other than previously approved by Ties.com or as determined by Ties.com in its sole and absolute discretion. Ties.com does not guarantee delivery time on any rewards earned, nor does it guarantee receipt of any rewards.
4. BULK DISTRIBUTION
If a Referring Customer provides a unique referral link to another person by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, family members, or persons with whom Referring Customer has a prior relationship. Bulk email distribution, distribution to strangers, or any other promotion of a unique referral link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" under any applicable law or regulation or other distribution of a unique referral link through channels other than personal email, Twitter or Facebook is expressly prohibited and will be grounds for immediate termination of the Referring Customer's account and deactivation of the unique referral link.
5. OTHER TERMS AND CONDITIONS
Ties.com reserves the right to amend or terminate the Referral Program at any time without notice. Ties.com expressly reserves the right to close the account(s) of any Referring Customer and/or friend, and to request proper payment if the Referrer and/or friend attempts to use the Referral Program in a questionable manner or referral link in breach of these Terms and Conditions or in violation of any law, statute or governmental regulation.
Users may not participate in the Referral Program where doing so would be prohibited by any applicable law, statute or regulations. All information collected from a user in the Referral Program shall be subject to the Ties.com Privacy Policy.
6. COMPANY SHALL NOT BE LIABLE FOR:
1) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
2) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
3) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
4) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program, that were not reasonably foreseeable to the Company at the relevant time;
5) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or
6) claims, demands, and damages in disputes among Users of the Program.
The Company disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company's control, corrupt the administration, security or proper play of the Program.
The Company shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.
The Company reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
7. DISCLAIMER OF WARRANTIES
USERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
8. LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY'S, INCLUDING ANY VENDORS AND SERVICE PROVIDERS, MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
Users should use the Program at their own risk.
Publicity. Participation in the Program or acceptance of a Reward constitutes permission to the Program Entities to use any User's first and last name, company name, American Giant profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.
Conduct. If a solution cannot be found to restore the integrity of the Program after the occurrence of prohibited conduct, we reserve the right to cancel, change, or suspend the Program.
Prohibited Conduct, Generally
9. USERS AGREE NOT TO USE THE PROGRAM TO:
- Violate applicable law;
- Infringe the intellectual property rights of the Company, its Service Provider or any third parties;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Users;
- Impersonate any person or otherwise misrepresent User's identity;
- Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
- Interfere with another User's use of the Program;
- Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
- Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
- Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
- Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others
10. FRAUDULENT AND SUSPICIOUS BEHAVIOR
The Company may prohibit a User from participating in the Program or receiving a Credit or Reward, in their sole discretion, if they determine such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of the Company.
Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.
Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.
The Company reserves the right to disqualify any User and/or cancel any Reward(s) if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
