Terms & Conditions
Our website address is: www.wonkersshorts.com
Wonkers LLC is a registered company in the United States.
Web Site Agreement
The www.wonkersshorts.com Web Site (the “Site”) is owned and operated by Wonkers LLC (“Wonkers,” “we,” “us,” or “our”). By accessing or using the Site, you agree to be bound by the terms and conditions (the “Terms”) set forth below. Wonkers may modify the Terms at any time, and such modifications shall be effective immediately upon posting on the Site. You agree to review the Terms periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms.
1. Copyright, Licenses, and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws.
The owner of the copyrights and trademarks are Wonkers, its affiliates, or other third-party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Wonkers a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to firstname.lastname@example.org by all means and in any media now known or hereafter developed. You also grant Wonkers the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Wonkers for any alleged or actual infringement or misappropriation of any proprietary right in your communications to www.wonkersshorts.com. Trademarks publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of www.wonkersshorts.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by Wonkers, www.wonkersshorts.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for www.wonkersshorts.com – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with www.wonkersshorts.com. You also understand that www.wonkersshorts.com cannot and does not guarantee or warrant that any files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Site and the internet. Wonkers provides the Site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Wonkers shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the Internet generally. Wonkers does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. Wonkers has no control over and accepts no responsibility whatsoever for such materials.
3. Limitation of Liability
In no event will Wonkers be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Wonkers or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, www.wonkersshorts.com liability is limited to the greatest extent permitted by law. Wonkers makes no representations whatsoever about any other website which you may access through this one or which may link to this Site. When you access a non- www.wonkersshorts.com web site, please understand that it is independent from www.wonkersshorts.com, and that Wonkers has no control over the content on that website. In addition, a link to a www.wonkersshorts.com website does not mean that Wonkers endorses or accepts any responsibility for the content, or the use, of such website.
You agree to indemnify, defend and hold harmless Wonkers, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
5. Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 4 (Indemnification) are for the benefit of Wonkers and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement shall all be governed and construed in accordance with the laws of the United States applicable to agreements made and to be performed in the United States. You agree that any legal action or proceeding between Wonkers and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the United States. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Wonkers’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Wonkers may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
7. Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our services and products will be uninterrupted, timely, secure, or error-free.
You expressly agree that your use of, or inability to use, the services and products is at your sole risk. The services and all products delivered to you are provided “as is” and “as available” for your use (except as expressly stated by us), without any representation, warranties, or conditions of any kind, either express or implied, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
In no case shall Wonkers, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the services and products be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the services, or for any other claim related in any way to your use of the services or any products, 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 the services or any content (or products) posted, transmitted, or otherwise made available via the services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.