Any person or entity (“user”), registered to use or access the site at filterbymollymae.com (“site”) or any information contained in the site, agrees to and is bound by the following terms and conditions of this registered user agreement (“agreement”).
Ownership of Content. FILTER (BY MOLLY-MAE) LTD, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under applicable law. The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense or for any commercial or partly-commercial re-sale or other use.
Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to firstname.lastname@example.org.
Your Use of the Site and the Content. You agree to not use the Site or any of the Content for any reason other than as authorised by FILTER (BY MOLLY-MAE) LTD solely via the normal functionality of the Site.
Submitting Material. If you upload any material to the Site (including, without limitation, written material comments) you hereby grant to us a worldwide, non-exclusive licence to use that material in any media and, specifically, to make that material available via the Site and other third-party platforms, media channels and/or distribution or performance methods. You further agree to waive your moral rights for the purposes of this licence. We reserve the right to cut, edit, crop or arrange your material as necessary for purposes related to the Site, and to remove the material at any time.
Prices and Payment. Minimum prices (and any delivery costs) are as set out on the relevant pages of the Site (except in cases of obvious error). Such amounts are subject to change at any time. We may change the minimum prices for Products at any time by posting new minimum prices on the Site. You are responsible for payment of sales tax and any other applicable import duties and taxes that may be levied once the Products reach your country. Whilst we use our best efforts to ensure that all prices on the Site are accurate, errors do sometimes occur. We will normally verify the applicable price in each instance as part of the Order
Confirmation. If a pricing error is found in your order, we will contact you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you choose to cancel your order for this reason, we will refund or re-credit you for any sum that has been paid by you or debited from your debit/credit card for the Products. If we are unable to contact you, we will treat the order as cancelled.
Credit Cards. Payment for all Products may be by credit or debit card. We accept payment with Visa, Visa Debit, Mastercard, Maestro, Discover and American Express. In most circumstances you will not be charged i.e. funds will not be debited from your card or account until the campaign goal is reached. At our discretion we may decide to produce and fulfil some products even when the campaign goal is not met. Purchasers will be notified when this is the case. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
Acceptance. By placing an order through the Site, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by this Agreement. To place an order, you will be required to provide complete and accurate personal details on the order form. This will include some or all of the following: first name, surname, email address, telephone number, invoicing and delivery address. After placing an order, you may receive an e-mail from us acknowledging receipt of your order. Please note that this email is an acknowledgement and does not mean that your order has been accepted. Your order constitutes an offer to buy a Product on these terms and conditions. All orders are subject to acceptance by us and we will confirm such acceptance by sending you a personal order confirmation e-mail (“Order Confirmation”). The sale and purchase contract between us will only be formed when we send you the Order.
Confirmation. We reserve the right to reject your order for any reason prior to acceptance.
Delivery. Deliveries to addresses outside the UK may incur additional delivery charges as itemised during the checkout process. Your order will be delivered during normal business hours, once payment has been made, to the address provided on the checkout page. Deliveries may require a signature on delivery. For this reason, it is not possible to deliver to a PO Box address or a hotel. We will endeavour to process your order as soon as possible following receipt of payment from you. We are not responsible for non-delivery if you have entered your address incorrectly or if you have used a foreign alphabet or non-English language characters. Risk passes to you once delivered, but Products shipped to any non-card registered address are sent entirely at your risk. Please note that no title of the relevant goods shall pass to you until payment has been received in full and delivery has been completed. Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including any applicable delivery charges. Your statutory rights are not affected.
Damaged Products. Products will be your responsibility from the time of delivery. Therefore, if the packaging is damaged at the time of delivery, please check the package in the presence of the carrier in order to verify the condition of the
Products. In the unlikely event a Product is damaged or lost in transit, please make a note on the delivery slip and contact customer services and we shall endeavour to supply a replacement as soon as possible. If we cannot supply an identical Product, we will offer you an alternative similar Product and/or issue a credit note.
Refunds. In addition to your statutory rights, if you are not completely satisfied with your purchase, you may return it to us (with proof of purchase) within thirty (30) days of receipt and we will arrange for an exchange (subject to availability), or a refund if the product is technically-faulty, if the quality of printing is manifestly poor and/or if the printing does not match the relevant display on the Site at the time of purchase, or if the product is otherwise materially different than as presented in the applicable campaign. In these circumstances, you may be responsible for the cost of returning the Product to us in an undamaged condition. Please note that this right to exchange or refund may not apply to some personalised Products. If you are resident within the European Union, you also have a right to return for refund within the 14-day “Cooling-Off” period. If you return a Product to us for any other reason, we will examine the returned Product and will notify you of any applicable refund right via e-mail within a reasonable period of time. We will process refunds as soon as possible. Please note that we will refund the price of any defective Product, plus any applicable delivery and/or charges you reasonably incur in returning the item to us.
Samples. Products displayed on the Site are intended for demonstration or illustrative purposes only. Although we endeavour to display colours accurately, we cannot guarantee that your device’s display of the colours accurately reflects the colour of the Products. In relation to colour, size and proportion, actual Products may vary from images on the Site.
Liability. You agree that the liability of FILTER (BY MOLLY-MAE) LTD to you hereunder shall be limited to the lesser of: (1) the amount you have actually paid to FILTER (BY MOLLY-MAE) LTD for our Products or Services; and (2) one hundred dollars (£100). Except as set out herein, FILTER (BY MOLLY-MAE) LTD shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by the negligence of FILTER (BY MOLLY-MAE) LTD.
Indemnity. You agree to indemnify FILTER (BY MOLLY-MAE) LTD for any loss or damage that may be incurred by FILTER (BY MOLLY-MAE) LTD, including without limitation legal fees, arising from any breach by you of any warranty or other terms herein or your misuse of any material or information obtained through the Site. You further undertake to indemnify FILTER (BY MOLLY-MAE) LTD for all loss or damage incurred by FILTER (BY MOLLY-MAE) LTD in relation to any third party claim against FILTER (BY MOLLY-MAE) LTD for infringement of intellectual property rights arising in relation to your provision of materials to the Site.
General Site Disclaimer for Services. Except as expressly set out above, the Service and the Products are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law. In addition, we do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements. You agree and accept that FILTER (BY MOLLY-MAE) LTD shall not be liable for any change, suspension or interruption to the Site or the Service. FILTER (BY MOLLY-MAE) LTD provides no warranty regarding continuous access to the Site or the services, as operations of the Site may be interfered with by numerous factors outside of our control.
Trademarks. The brands, products and service names used or appearing within the Site (including, without limitation, “ FILTER (BY MOLLY-MAE) LTD”) are the trademarks or trade names of FILTER (BY MOLLY-MAE) LTD or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written permission of FILTER (BY MOLLY-MAE) LTD.
Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by FILTER (BY MOLLY-MAE) LTD. FILTER (BY MOLLY-MAE) LTD will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud FILTER (BY MOLLY-MAE) LTD or any other parties through User’s use of the Site or services provided via the Site. FILTER (BY MOLLY-MAE) LTD reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User’s continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User’s continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of Filter branded products.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or contact us. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in the United Kingdom before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which FILTER (BY MOLLY-MAE) LTD's principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.