LEGAL AND PRIVACY NOTICES
THESE TERMS AND CONDITIONS OF USE AND NOTICES APPLY TO THE RISE AND RESIST APPAREL WEBSITE (www.randrtees.com). PLEASE READ THIS DOCUMENT CAREFULLY. USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS DOCUMENT.
Welcome to the Rise and Resist Apparel (www.randrtees.com) online store. Rise and Resist Apparel has taken numerous precautions to guard your security while making purchases online comfortable. These Legal and Privacy Notices detail important information regarding the use and disclosure of User information that may be collected on www.randrtees.com.
Your privacy is important to us here at Rise and Resist Apparel. We recognize that when you provide us with information, that you trust us to protect that information and to respect it in a responsible manner. Please note that any video, image, film or other content posted at the direction of Users onto the www.randrtees.com website or blogs controlled by Rise and Resist Apparel becomes published content and is not considered personally identifiable information subject to these Legal and Privacy Notices.
USER PROVIDED INFORMATION
You provide certain personally identifiable information (such as your name, address, telephone number and email address) to Rise and Resist Apparel when choosing to participate in various activities on www.randrtees.com such as uploading films, posting messages in our blogs and/or forums, entering contests, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.
Any personal information or video content that you voluntarily disclose or submit to our website or blogs controlled by Rise and Resist Apparel becomes publicly available and can be viewed by others.
We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes such as notifying you of major changes to our website or for customer service purposes.
We may use both personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, click stream data, etc.) to improve the quality and design of www.randrtees.com and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
From time to time, we may contact Users to invite them to participate in usability surveys. Participation in these surveys will be purely voluntary. Typically these surveys are anonymous and no personal information is requested. However, occasionally, we may request your email address for the purpose of sending you a reward for completing the survey. No personally identifiable information submitted will be shared with people who are not our authorized agents of or service providers to Rise and Resist Apparel. Data collected through the survey is used to compile demographic information about our members and to assist us in making improvements to www.randrtees.com.
DISCLOSURE OF USER INFORMATION
Rise and Resist Apparel may provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. Rise and Resist Apparel requires that these parties agree to process such information in compliance with our Legal and Privacy Notices, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.
Rise and Resist Apparel does not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. Rise and Resist Apparel may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright and/or Trademark Law) or respond to a court order, subpoena, or search warrant.
Rise and Resist Apparel also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that Rise and Resist Apparel believes, in good faith, is appropriate or necessary to enforce our Legal and Privacy Notices, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our website, and to protect the rights, property, or personal safety of Rise and Resist Apparel and www.randrtees.com, our Users or others.
SECURITY OF DATA
We process, collect and store personally identifiable information using technology which encrypts the information sent to us via the Internet and is secured against unauthorized access on our server. This is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, and/or managerial safeguards.
In accordance with federal law, Rise and Resist Apparel does not knowingly collect personally identifiable information from children under age 13 without the verifiable permission of a parent or guardian. If you are under age 13, you are welcome to browse our website, but you are not permitted to use any feature that requires the collection of any personally identifiable information. If we determine that we have erroneously collected a child’s information, we will immediately undertake to delete that data from our records.
All materials contained on this Website, including text, graphics, images, logos, software and other content, as well as all material contained in any blogs or other material appearing elsewhere on the Internet and under the control of Rise and Resist Apparel, are the property of Rise and Resist Apparel LLC, or any of its subsidiaries, affiliates, and/or third-party suppliers. The compilation of all content on this site is the exclusive property of Rise and Resist Apparel. Rise and Resist Apparel’s rights are protected by United States and international copyright laws, conventions, agreements, and treaties. The content of the Website may be used only for your personal, non-commercial purposes, and copying or storing of any content for other than personal, noncommercial use is expressly prohibited without prior written permission.
Rise and Resist, the randr logo design, What Do You Pursue?, Dolphin Bay Surf Co., Sinister Status, Dominate, as well as the other marks and designs and graphic elements of the site itself are the trademarks, copyrights, and/or service marks (registered or common law) of Rise and Resist Apparel. These items may not be used in any manner that may cause consumers confusion. The only exception would be the use of our product images for promotion of our art or products on personal websites, blogs, or online or printed portfolios which is allowed but we ask that with these items online, you provide a link to our store. Some of the names of companies (such as American Apparel and Alternative Apparel) and some of the products (such as the Kiss Me Write Pens) on this site may be the trademarks or service marks of other owners besides Rise and Resist Apparel.
MODIFICATION OF WEBSITE
We reserve the right to change, stop, or discontinue any aspect of this site at any time. This would include the discontinuing of features, graphics, and products. We may also impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability.
LINKS TO OTHER WEBSITES
Rise and Resist Apparel’s website, www.randrtees.com, is hosted in the United States and is intended for and directed to Users in the United States. If you are a User accessing our website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of www.randrtees.com, which is governed by U.S. law as to this Legal and Privacy Notice, you are transferring your personal information to the United States and that you consent to this transfer and the jurisdiction of U.S. law for this purpose.
IN THE EVENT OF SALE, MERGER, OR ACQUISITION
In the event that Rise and Resist Apparel is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control.
This website, including all content, software, functions, materials and information made available on or accessed through the website, is provided “as is.” to the fullest extent permissible by law. Rise and Resist Apparel, its subsidiaries and affiliates, make no representation or warranties of any nature regarding the content on the website or the materials, information and functions made accessible by the software used on or accessed through the website, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the website or any linked site. Further, Rise and Resist Apparel, its subsidiaries and affiliates, disclaim any express or implied warranties, including, without limitation, non-infringement and/or merchantability or fitness for a particular purpose. Rise and Resist Apparel does not warrant that the functions contained in the website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the website, the server that makes it available, or e-mails sent from this site are free of viruses or other harmful components. Rise and Resist Apparel, its subsidiaries and affiliates, shall not be liable for the use of the website, including, without limitation, the content and any errors contained therein. Likewise, if you attempt to disrupt the function of this website or access or collect personal information from our customers or company information concerning our business in an illegal fashion, Rise and Resist Apparel will prosecute to the full extent of the law.
Rise and Resist Apparel disclaims any and all responsibility for content contained in any third party materials provided through links from the site.
In no event shall Rise and Resist Apparel, its subsidiaries and affiliates, be liable for any special, indirect, incidental or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not Rise and Resist Apparel has been advised of the possibility of damage, and on any theory of liability, arising out of or in connection with use of the site.
These terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to principles of conflict of laws. You agree that any action or proceeding arising out of or relating to these terms shall be filed only in the state or federal courts in the State of Oklahoma located within or nearest to Tulsa County. You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action.
This Agreement constitutes the entire agreement between Rise and Resist Apparel and you with respect to your use of this website. Rise and Resist Apparel reserves the right to make changes to the site, policies and these terms and conditions of use at any time. If for any reason a court of competent jurisdiction finds any provision of the terms, or portion thereof, to be unenforceable, such provision shall be limited or nullified only to the extent necessary to make such provision legal, valid or enforceable, and the remainder of the terms shall continue in full force and effect.
DATE LAST MODIFIED
This Privacy Notice was last modified September 30, 2008.
Please contact Rise and Resist Apparel with any questions or comments about these Legal and Privacy Notices by mail to:
Rise and Resist Apparel LLC P.O. Box 35231 Tulsa, Oklahoma 74153