TERMS AND CONDITIONS OF USE
Welcome to Sea-Crits.com. Howlandish, LLC, a New York limited liability company and/or its affiliates (“Sea-Crits™”) provide website features and other products and services to you when you visit or shop at Sea-Crits.com, use Sea-Crits™ products or services, use software provided by Sea-Crits™ in connection with any of the foregoing (collectively, “Sea-Crits™ Services”). Sea-Crits™ provides the Sea-Crits™ Services subject to the following conditions. By using Sea-Crits™ Services, you agree to the following terms and conditions. Please read them carefully.
When you use any Sea-Crits™ Services you also will be subject to the guidelines, terms and agreements applicable to that Sea-Crits™ Services (“Service Terms”). If these Terms and Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
PRIVACY
Please review our Privacy Policy, which also governs your use of Sea-Crits™ Services, to understand our practices. The terms of the Privacy Policy are incorporated herein by reference.
ELECTRONIC COMMUNICATIONS
When you use Sea-Crits™ Services, or send communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through other Sea-Crits™ Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY
All content in or accessible through any Sea-Crits™ Services, such as text, artwork, graphics, logos, buttons, images, audio files, digital materials, data, and software is the exclusive property of Sea-Crits™ or its licensors (“Content”). The Content, including any compilation of the Content made available through any Sea-Crits™ Services, is protected by US and international copyright laws. In addition, graphics, logos, page headers, button icons, scripts, and service names in or accessible through any Sea-Crits™ Services are trademarks, service marks or trade dress (altogether, “Marks”) of Sea-Crits™. Sea-Crits’ Marks may not be used in any manner without the prior written license of Sea-Crits™. All other trademarks not owned by Sea-Crits™ that appear in any Sea-Crits™ Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sea-Crits™. One or more patents owned or licensed by Sea-Crits™ may apply to the Sea-Crits™ Services and/or their respective features. Sea-Crits™ respects the intellectual property rights of others. If you believe that your intellectual property rights are being infringed, please contact us.
Written claims concerning copyright infringement must include the following information: (a) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed upon; (c) A description of where the material that you claim is infringing is located on the site; (d) Your address, telephone number, and e-mail address; (e) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions of Use and any Service Terms, and your payment of any applicable fees, Sea-Crits™ grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Sea-Crits™ Services. You may not resell or make any commercial use of any Sea-Crits™ Services, Content, or any product listings, descriptions, or prices. You may not make any derivative use of any Sea-Crits™ Services or its contents. You may not download, copy, or otherwise use account information for the benefit of any third party or use any data gathering and extraction tools in connection with Sea-Crits™ Services. All rights not expressly granted to you in these Terms and Conditions of Use or any Service Terms are retained by Sea-Crits™, its licensors, suppliers, publishers, rightsholders, or other content providers. No Sea-Crits™ Services, nor any part of any Sea-Crits™ Services, may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the prior express written consent of Sea-Crits™. You may not frame or utilize framing techniques to enclose any Marks, Content or other proprietary information of Sea-Crits™ without prior express written consent. You may not use any meta tags or any other hidden text utilizing Sea-Crits’ Marks without prior express written consent of Sea-Crits™. You may not misuse the Sea-Crits™ Services. Your use of Sea-Crits™ Services is limited to uses permitted by law. The licenses granted by Sea-Crits™ terminate automatically and without further notice when you do not comply with these Terms and Conditions of Use or any Service Terms.
YOUR ACCOUNT
You may need to establish a Sea-Crits™ account to use certain Sea-Crits™ Services, and you may be required to login to the account and provide a valid payment method associated with your account. If we have any difficulty in charging your selected payment method, we may charge any other valid payment method associated with your account, and you expressly authorize us to do so. You are responsible for restricting access to your account and maintaining the confidentiality of your account information. You accept all responsibility for all activities that occur under your account or password.
COMMUNICATIONS AND CONTENT
You may post reviews, comments, photos, videos, and other content, and other communications, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, chain letters, commercial solicitation, mass mailings, or any form of unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a payment method or other content.
You grant Sea-Crits™ a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display any content or communication that you submit, post or otherwise deliver to Sea-Crits™, throughout the world in any media, including the name that you submit in connection with such content, if they choose. You represent and warrant that you own all rights in content that you post; that such content is accurate; that use of such content does not violate this agreement and will not cause injury to any person or entity. You agree to indemnify Sea-Crits™ for all claims resulting from content you provide to Sea-Crits™ or through Sea-Crits™ Services. Sea-Crits™ may monitor, edit and/or remove any activity or content. Sea-Crits™ takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK AND RETURNS
If a product offered by Sea-Crits™ itself is not as described, your sole remedy is to return it in unused condition. All purchases of physical items from Sea-Crits™ are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Sea-Crits™ does not take title to returned items until the item arrives at our address. Refunds may be issued without requiring a return, in our sole discretion, and in such case Sea-Crits™ does not take title to the refunded item. If you wish to return any product purchase from Sea-Crits™ please email howlandish.llc@gmail.com for a Return Authorization Number .
LINKS, THIRD PARTY INFORMATION AND SERVICES
Sea-Crits™ may provide links to other websites as part of Sea-Crits™ Services. Sea-Crits™ does not control these other websites, is not responsible for them, and makes no representations as to their availability, accuracy, content, quality, nature and copyright compliance or any viruses accessed through them. The fact that Sea-Crits™ provides any such links is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Sea-Crits™ cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Sea-Crits™ liable for any loss or damage caused by use of or reliance on any content, goods or services available on other websites. In addition, you may not link to any Sea-Crits™ Services, information, content, or third party information. When you use the Sea-Crits™ Services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SEA-CRITS™ SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SEA-CRITS™ SERVICES ARE PROVIDED BY SEA-CRITS™ ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SEA-CRITS™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF SEA-CRITS™ SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SEA-CRITS™ SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SEA-CRITS™ SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW (A) SEA-CRITS™ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SEA-CRITS™ DOES NOT WARRANT THAT THE SEA-CRITS™ SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES PROVIDED TO YOU THROUGH SEA-CRITS™ SERVICES, SEA-CRITS’ SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (B) SEA-CRITS™ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SEA-CRITS™ SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES PROVIDED TO YOU THROUGH SEA-CRITS™ SERVICES, INCLUDING, WITHOUT LIMITATION TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
APPLICABLE LAW
By using any Sea-Crits™ Services, you agree that applicable federal law and the laws of the state of New York, without regard to principles of conflict of laws, govern these Terms and Conditions of Use and any dispute between you and Sea-Crits™. By accessing Sea-Crits.com you consent to the personal jurisdiction of the State and Federal Courts located in the State of New York for any and all claims arising under or related to these Terms and Conditions of Use.
MODIFICATION AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Terms and Conditions of Use at any time. If any of these terms and/or conditions shall be deemed invalid, void, or for any reason unenforceable, such terms and/or conditions shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.