Terms and Conditions of Service
DESCRIPTION OF SERVICE
The Reloaders Network (or “We”) provides a platform via its website and apps (the “Site”) to a community of registered users (“Users” or “you”) to upload and display written articles, posts, photographs, and video (“Written and Visual Content”), and share comments, opinions and ideas. Additional Services may be offered by us from time to time. The following are the terms of service (“Terms”) for using the Site and the Services.
ACCEPTANCE OF TERMS
MODIFICATION OF TERMS
The Reloaders Network reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, The Reloaders Network will notify you by posting an announcement on the site. What constitutes a material change will be determined at The Reloaders Network’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Written and Visual Content shall constitute your acceptance of the Terms as modified.
In addition, when using particular features of the Services, you shall be subject to any posted guidelines or rules applicable to such Services.
Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of The Reloaders Network. The Reloaders Network reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Written and Visual Content at any time at its sole discretion and without prior notice. The Reloaders Network may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Written and Visual Content and you are directed to retain your own copies of all Written and Visual Content posted on the Site.
As a condition to using certain Services, you are required to open an account with The Reloaders Network and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services by either suspending or terminating your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through you’re Site account.
Services are available to authorized representatives of legal entities and to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site may display Written and Visual Content containing language, images, and topics that may be offensive to some.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not The Reloaders Network are entirely responsible for all Content that you post, or otherwise submit to the Site. The Reloaders Network does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by The Reloaders Network. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any Written and Visual Content or Communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- For any purpose (including posting or viewing Written and Visual Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any Site user;
- To create or transmit unwanted ‘spam’ to any person or any URL
- To post copyrighted Written and Visual Content or other Communications that do not belong to you or, with exception of commenting on Written and Visual Content in Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
- With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to The Reloaders Network at email: firstname.lastname@example.org.
You are solely responsible for your interactions with other users of the Site. The Reloaders Network reserves the right, but has no obligation, to monitor disputes between you and other users.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Please read this section carefully before posting, uploading, or otherwise submitting any Written and Visual Content to the Site. By submitting content to the Site you are granting The Reloaders Network a worldwide, non-exclusive license to use the Written and Visual Content and are representing and warranting to The Reloaders Network that the Written and Visual Content is either owned or you are authorized to represent or distribute the Written and Visual Content, and that The Reloaders Network is free to publish, distribute and use the Written and Visual Content as provided in these Terms without obtaining permission, consent or any license from any third party.
In consideration of The Reloaders Network’s agreement to allow you to use the Services, you agree with The Reloaders Network as follows:
1. You acknowledge that:
- Any Written and Visual Content uploaded to your account must be written, photographed, and/or videographed by you;
- By uploading your textual, photographic, or graphic works to The Reloaders Network you retain full rights to those works that you had prior to uploading;
- By posting Written and Visual Content to the Site you grant to The Reloaders Network a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Written and Visual Content in connection with the Services. This license will exist for the period during which the Written and Visual Content is posted on the Site and will automatically terminate upon the removal of the Written and Visual Content from the Site;
- The license granted to The Reloaders Network includes the right to use Written and Visual Content fully or partially for promotional reasons and to distribute and redistribute Written and Visual Content to other parties, websites, authorized agents, applications, and other entities, provided such Written and Visual Content is attributed in accordance with the credits (i.e. username or collection name, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, as submitted to The Reloaders Network (notwithstanding the foregoing, no inadvertent failure to provide attribution shall be considered a breach of these Terms);
- The Reloaders Network has the right to modify, alter and amend photo titles, descriptions, tags, and other accompanying information for any Written and Visual Content and the right to submit Written and Visual Content to other parties and authorized agents for the purpose of creating tags for Written and Visual Content;
- The Reloaders Network makes no representation and warranty that Written and Visual Content posted on the Site will not be unlawfully copied without your consent; and
- Subject to the terms of the foregoing license, ownership or other rights in the Written and Visual Content including any intellectual property rights or other proprietary rights associated with the Written and Visual Content are retained by you or the Written and Visual Content owner represented by You.
2. You represent and warrant that:
- You are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all Written and Visual Content you submit to the site;
- You have the full and complete authority and right to enter into this agreement and to grant to The Reloaders Network the rights in the Written and Visual Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by The Reloaders Network of the Written and Visual Content as contemplated herein; and
- The Written and Visual Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
3. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against The Reloaders Network, all of which such rights are hereby expressly and irrevocably waived by you in favor of The Reloaders Network.
The Reloaders Network respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. The Reloaders Network will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify The Reloaders Network of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable The Reloaders Network to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide The Reloaders Network with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. You must include in your counter notice sufficient information to enable The Reloaders Network to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement
The Reloaders Network reserves the right to remove any Written and Visual Content or Communications that allegedly infringes another person’s copyright. The Reloaders Network will terminate, in appropriate circumstances, Users who are repeat infringers of another person’s copyright. Notices to The Reloaders Network regarding any alleged copyright infringement should be directed to The Reloaders Network via email at email@example.com.
Filing a DMCA Notice to Remove Copyright-Protected Content
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- Your name, address, telephone number, and email address (if any);
- A description of the copyrighted work that you claim has been infringed;
- A description of where on the Website the material that you claim is infringing may be found, sufficient for The Reloaders Network to locate the material (e.g., the URL);
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright The Reloaders Network, its Users, or the law and is not a fair use;
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- Your electronic or physical signature.
Filing a DMCA Counter-Notice to Restore Content Removed from the Website
If you believe that your material has been removed by mistake or misidentification, please provide The Reloaders Network with a written counter-notification containing the following information:
- Your name, address, telephone number, and email address (if any);
- A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
- A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which The Reloaders Network may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
- Your electronic or physical signature.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The Reloaders Network has no control over such sites and resources, you acknowledge and agree that The Reloaders Network is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that The Reloaders Network shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge The Reloaders Network, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless The Reloaders Network, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or The Reloaders Network Username and password, (iv) the sale or use of your merchandise, or (v) any violation of any rights of a third party.
The Reloaders Network’s logos and trade dress may not be used in connection with any product or service without the prior written consent of The Reloaders Network.
The Reloaders Network may terminate or suspend any and all Services and/or your Site account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Site account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Written and Visual Content from your account prior to termination. Upon termination of your account The Reloaders Network may remove all Written and Visual Content posted to your account.
YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. THE RELOADERS NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE RELOADERS NETWORK DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER THE RELOADERS NETWORK NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. THE RELOADERS NETWORK SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES.
YOU AND THE RELOADERS NETWORK AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF THE RELOADERS NETWORK AND ALL PARTIES TO ANY SUCH PROCEEDING.
Indemnification of The Reloaders Network
You agree to defend, indemnify and hold The Reloaders Network, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services. The Reloaders Network reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Reloaders Network reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
We will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship for 30 days from the date of purchase. Fulfillment mistakes that we make resulting in the shipment of incorrect product to you will also be accepted for return 30 days from the date of purchase.
The Reloaders Network will ship orders within three weeks after orders are placed. Normally, goods are shipped within a few days and typical delivery times are 2-4 days, but in certain circumstances shipment and delivery can take up to three weeks. Customers and The Reloaders Network may separately agree to more specific delivery times and terms in a separate writing or agreement (such as a request for express shipping).
We cannot guarantee when an order will arrive. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.
The Reloaders Network will make delivery using a shipment service provider of its choosing.
Return or Exchange Policy
We accept returns or exchanges on unworn, new condition items within 30 days of receiving your original order, having been notified within 15 days of receiving your item.
Customers must email firstname.lastname@example.org to receive a RETURN & EXCHANGE FORM. We need this form to be filled out thoroughly to properly process the return correctly. Without it the process may take longer or be impossible.
When exchanging an item, we will wait to receive your return, and will exchange it based on the details you provided in your RETURN & EXCHANGE FORM. Please be descriptive, including design, size, and product type.
If the exchange costs more than the original order we will send you an invoice to complete the transaction. If it costs less, we will refund your card the difference.
Please note that to protect our customers from fraud and identity theft, refunds will ONLY be returned to the original card or payment method it was purchased with.
When deciding to Return or Exchange please review the following: we do not issue refunds on items that smell like smoke, body odor, that have stains or animal/human hair on them. They must be in original condition without being washed.
If we receive an item in unacceptable condition, The Reloaders Network will not pay to ship the item back to you.
Please note there is a 10% restocking fee on your returned items, unless you are returning due to a shipping or manufacturing error.
Please note there is a 20% restocking fee on return items that have not been approved by our customer service staff or is after the 30 day return period.
When preparing to ship your return or exchange: please note that items shipped back to us could take 2-30 days depending on where you are shipping the item from and the method of shipping you choose.
When the item is delivered to us, it may take 1-5 days for your return or exchange to be processed.
We do not cover the shipping cost to return an item if it is for an exchange in size, unless we sent you the wrong size on accident.
As the parcel remains your responsibility until it is delivered to us, remember to ask for proof of postage and keep your tracking number, so you’ll have proof of shipment if your parcel goes missing in the mail.
Our Store shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state. For orders shipped to other states or countries, you are solely responsible for all sales taxes or import duties, import brokerage fees, or other taxes and fees.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Our Store shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Our Store shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Our Store shall immediately issue a credit to your credit card account in the amount of the incorrect price.
These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.
This document was last updated on July 26, 2018